Corruption at Las Vegas VA Part 4: Letter to VFW



September 15, 2019
VFW Washington Office                                                                                                                                  200 Maryland Ave., N.E.
Washington, D.C. 20002
202.543.2239                                                                                                                                     
Rick.Boring@va.gov
Veterans Experience Office
810 Vermont Avenue, NW
Washington, DC  20420
vets-experience@va.gov

The American Legion National Headquarters
700 N. Pennsylvania St.
P.O. Box 1055
Indianapolis, IN 46206
Telephone: (317) 630-1200
Fax: (317) 630-1223


National Veterans Legal Services Program
P. O. Box 65762
Washington, DC 20035                                                                                                                                               Phone: 202.265.8305
Email: info@nvlsp.org

War on Veterans. Sabotage: goal to Destroy Veterans ‘Compensation and Pension Fund.

If they can’t be stopped in Las Vegas, the War on Veterans is spreading across the land,
America.
Robert A. McDonald 2014 -2017 served as Secretary of the Veteran’s Hospital when
corruption with my Primary Care Doctors started corrupting my medical records with false
statements. A system which may have already existed at least as early as 2011 under Doctor
Sarazan at the Las Vegas VA; on a smaller scale from 2000 - 2011. David Shulkin served
Summer of 2017 through 2018 as present Director Wilkie served as the Under Secretary of

Defense for Personnel and Readiness from November 30, 2017 to July 30, 2018 before becoming
Secretary of Veterans Affairs. 2017 - 2019 being the most corrupt error of Doctors and
Administrators seen in my 25 year history at the Veterans Hospital under United States Secretary
of Veterans Affairs. "On July 23, 2018, Wilkie was confirmed by United States Senate as the
next Secretary of Veterans Affairs. The confirmation vote in the Senate was 86-9" according to
the below article." During an intern period close to Shulkin's appointment, the same month,
Doctor Aristores was assigned to me with her first appointment being to try to fabricate false
evidence and plant the evidence into my medical records. In 2019, under Secretary Wilkie
this corruption accelerated to a new level; the plan accelerated to include a dozen more
participants at the VA Hospital in Las Vegas. But, if you read several articles over this
period, medical treatment, testing, and payments were being denied; thousands, maybe in the

100,000s, of Veterans medical records seem corrupted, with errors from Doctors or Nurses, or
administrators, not corrected in records, and stalled in claim processes;  it appear that there
was Coercion to defraud this Veteran out of earned benefits with this planting of false evidence,
fabricated false documents in my case by using the medical records; threats of intimidation, at
minimum this was in my case. Congress is over site over Director Wilkie and is in

charge of over site of multi agencies and can start certain inquires and contact the FBI to make

internal investigations. So, in charge of multi-agency corruption would be Congress, the FBI
Director, and maybe the Justice Department making legal calls. Director Christopher Wray came
into FBI as the eighth Director of the FBI on August 2, 2017. Doctor Asistores was put in place
to attempt to frame me with Disability Fraud around November, 2017. In Las Vegas, Vegas FBI
Office is located 1787 W. Lake Mead Blvd, Las Vegas, NV 89106 and they have signs

all over the valley about reporting people with Opioid addictions which would almost have to put
them working, in contact at least, with the Las Vegas Veterans Hospital at some time over the
years. And if the Las Vegas VA has managed to continue corrupt practices, then those that work
with them, in a network of corruption, as we have seen, have also been willing to act in a corrupt
manner, covering up such actions, against a Veteran. So this may put them into a network, the
FBI, the VA Police, Metro,  in a working relationship with Las Vegas Veterans Hospital and

not really going to be an adversary investigating and stopping medical fraud by VA Doctors and
Administrators. Andrew McCabe (Acting Director), May 9, 2017 replacing James B.
Comey, September 4, 2013 - May 9, 2017. While Comey was director and the Trump Dossier
was being put together shopped by Harry Reid, UNLV, and CIA, Jesselyn Radack had close ties
to Russia Snowden and she is a past Justice Department worker, someone came very close
to having me in the same room as she. Remember, as we talk about the "Frame" at the

end of the writing, the target many times do not know what they are being framed for in "Plan
A." Of course, I smelled something wrong and never brushed arms with Ms. Radack nor any
Russians, never attending the event, but we found a a year later, that there was a Plan B being
framed, Russian Collusion to conservative Christians. President Donald
Trump nominated Rosenstein to serve as Deputy Attorney General from April 26, 2017

to May 11, 2019. William Pelham Barr serving as the 85th United States Attorney General in the
Donald Trump administration since February 14, 2019. As of this month, July 2019, the
corruption still continues, Frame 4 in the works for sure. We see in this billing how
corruption from the VA spread into non-Va medical facilities.  



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Latest Post, June - July 2019, on The Latest Corruption or War on Veterans; at the Las Vegas
Veterans Hospital: The pre-prompt recording at the Las Vegas VA has placed the "6" Number to push before the "1 - 5" push button Number which informs you to push this button "6" to talk to someone about payments, claims, urgent care, insurance, and appeals which mean someone on a large scale maybe is going to have a problem with claims, urgent care, insurance, and appeals? Of course, I would see a problem, since under Doctor Asistores, but this is more inter-agency misconduct going on, so this is above her rank; more than less over the level of Director of Las Vegas VA, at the Rank of Robert Wilkie, Secretary of the VA, started July 23, 2018. I had an idea that Doctor Sarazan was over the corrupt practices, doing similar to the same as those under him are doing according to this article about the death of Mr. Carey which denial of treatment started as early as 2011. This is specific evidence and support that the people at the Las Vegas VA, since being investigated and law suits, have moved to corrupt the medical records, to deny treatment, of patients verses direct denial of treatments. This also supports that in 2017 - 2019 when 250,000 veterans diagnosis examinations, x-rays, MRIs, etc. were no accidents at all, but a long term practice exponentially set forth to harm Veterans with denial of treatment, under Secretary of VA, Robert Wilke. “360NewsLasVegas.Com.” 360NewsLasVegascom, 6 July 2019, 360newslasvegas.com/nevada-medical-board-refusing-to-protect-veterans-from-bad-doctor-after-deaths/

"Today, a formal complaint was filed with the Nevada Medical Board against Dr. Ramu Komanduri, Chief of Staff of the

VA Southern Nevada Health Care System in the death of Army Veteran Stephen Carey. Stephen T. Carey was 42 years old last year when he died from Stage 4 cancer all alone in his mother’s basement. Stephen’s destiny was cast in stone, according to a lawsuit filed recently against the VA for Malpractice, when VA doctors failed to test and diagnose renal cancer back in 2011 through 2015 on 3 separate occasions. The death stemmed from a cost savings practice at the VA where nurses and non-licensed medical staff cancel consults after Licensed Medical Doctors who’ve examine veterans issue referrals (consult) to a specialist. This practice by the VA is a direct threat to the




 lives of Veterans. The practice is done with reckless disregard to the current health issues and needs of Veterans in order to save money for the VA. Dr. Komanduri, Chief of Staff of the VA Southern Nevada Health Care System has full knowledge of this practice that has led to deaths and further damage to patients through unnecessary delays."

“360NewsLasVegas.Com.” 360NewsLasVegascom, 20 Dec. 2017, 360newslasvegas.com/nv-va-chief-of-staff-dr-komanduri-under-investigation-by-nv-medical-board-in-the-death-of-veteran/

 “Investigations Division - Frequently Asked Questions.” Investigation Division - Frequently Asked Questions, medboard.nv.gov/Resources/FAQs/Investigations_Division/

In the case:


[A LAWSUIT PAYMENT MAY BE CHEAPER IN THE STATE OF NEVADA WITH CAPPS THAN TREATING VETERANS THAT DIE FROM ILLNESS OF CANCER AND TERMINAL ILLNESSES, EVEN IF THE PERSON’S FAMILY SUES AFTER DEATH. SO THEY DENY TREATMENT UNTIL PATIENTS DEATH. BUT, STILL THEY DO NOT LOOSE THEIR LICENSE.]

"“Gross Negligence,
Intentional Disregard for the safety of patients
Failure to Supervise Medical Staff
Failure to provide reasonable medical care
Failure to put the best interests of patients first.
Failure to timely following up in a medically necessarily timely manner following a medical issue with the patient.”


The Letter stated after over a year investigation and nothing done to Doctor Sarazan or Dr. Komanduri, the same two Doctors involved in the Stanley Gibson, case, murder over the same issue of Cancer treatment.

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Nevada State Board of Medical Examiners

9600 Gateway Drive

Reno NV, 89521

June 6, 2019

Rober Lauer

RE: BME Case #18-17690: Robert SARAZAN, M.D.

Dear Mr. Lauer,

…..

Sincerely,

Mollie Miller

Deputy Chief of Investigations

--------------------------------------------------------------------------

“December 20, 2017

Today, a formal complaint was filed with the Nevada Medical Board against Dr. Ramu Komanduri, Chief of Staff of the VA Southern Nevada Health Care System in the death of Army Veteran Stephen Carey. Stephen T. Carey was 42 years old last year when he died from Stage 4 cancer all alone in his mother’s basement. Stephen’s destiny was cast in stone, according to a lawsuit filed recently against the VA for Malpractice, when VA doctors failed to test and diagnose renal cancer back in 2011 through 2015 on 3 separate occasions.

The death stemmed from a cost savings practice at the VA where nurses and non-licensed medical staff cancel consults after Licensed Medical Doctors who’ve examine veterans issue referrals (consult) to a specialist. This practice by the VA is a direct threat to the lives of Veterans. The practice is done with reckless disregard to the current health issues and needs of Veterans in order to save money for the VA. Dr. Komanduri, Chief of Staff of the VA Southern Nevada Health Care System has full knowledge of this practice that has led to deaths and further damage to patients through unnecessary delays.

at that time on the possibility that this lesion represented renal
cell carcinoma


M.D. confirmed Dr. Goebel’s directive by noting tire following: “patient found to
have a 3.2 cm left renal mass and 3.8 cm hepatic mass suspicious for cancer. Patient
needs work up. Referred to urology and oncology.” However, five hours later, or at
9:12 a.m., Dr. Robert Sarazen, M.D. dictated the following: “Reviewed ER note.
Urology consult canceled. I have ordered labs, CT scan of chest/abdomen/ and
pelvis. Will have the patient come in for evaluation ASAP.”


Issue #1
When Dr. Robert Sarazen, M.D., who never examined Mr. Caery, never spoke with Mr. Carey, never spoke with the Doctors who examined Mr.Carey, and still canceled Mr.Carey’s consult from Doctors who did examined the patient, was not done in the best interest of patient Cary, but part of the VA’s cost-saving scheme. Dr. Sarazen’s actions were reckless and callous and violated Dr. Sarazen’s oath and ultimately cost Mr. Cary his life.


Issue #2
The VA also uses nurses and non-licensed medical staff to cancel consults from Licensed Doctors. This practice by the VA is a direct threat to the lives of Veterans. It will be proven that this practice is done with reckless disregard to the current health issues of Veterans in order to save money for the VA. Dr. Komanduri, Chief of Staff of the VA Southern Nevada Health Care System has full knowledge of this practice that has led to the deaths and further damage to patients through unnecessary delays.


Stephens’s family filed a claim (before filing their lawsuit) with the VA seeking help, which was denied. The VA has failed to help his family since his death. Attorney Paul Padda took the case and filed a lawsuit against the VA in U.S. Federal District Court and is awaiting a trial date. The Doctors who failed Stephen continue to work at the VA today.

360Daily.net reached out to the VA for comment on this story but they refused to comment.

President Trump recently signed the VA Accountability Act providing more authority to fire VA personnel.

Currently, the life of a Veteran is only worth $350,000 under caps here in Nevada and that’s before attorney fees.

The complaint accuses Dr. Komanduri of displaying:

July 6, 2019

Rob Lauer Political Reporter

Nevada State Board of Medical Examiners, is the agency responsible for investigating complaints about doctors. Their Mission statement reads:

The Nevada State Board of Medical Examiners serves the state of Nevada by ensuring that only well-qualified, competent physicians, physician assistants, practitioners of respiratory care and perfusionists receive licenses to practice in Nevada. The Board responds with expediency to complaints against our licensees by conducting fair, complete investigations that result in appropriate action. In all Board activities, the Board will place the interests of the public before the interests of the medical profession and encourage public input and involvement to help educate the public as we improve the quality of medical practice in Nevada.

Most of the doctors who work at the VA are licensed by the State of Nevada. Which means they fall under the Nevada State Board of Medical Examiners supervision. So in Dec 2017 a formal complaint was filed against Dr. Ramu Komanduri, the Chief Doctor of the Southern Nevada VA with the Nevada State Board of Medical Examiners over the deaths of several Veterans. The complaint alleged that the Chief Doctor of the VA, who is licensed by the state of Nevada, failed to properly supervise his medical staff allowing serious errors leading to the deaths of Veterans. To date Nevada State Board of Medical Examiners has refused to take any action. In addition, they claim the investigative process is secret. There is literally no oversight by the public of investigations into bad doctors. And this is standard procedure for our Nevada State Government regulatory process. They operate completely in secret."

"The medical board sent me an letter on June 6, 2019 claiming they are still investigating the Dr. now more than a year and a half after the initial complaint. Allowing the doctors to continue to supervise hundreds of medical staff without any discipline to date for the deaths of veterans."

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      Hill, Matthew. “Top Six Reasons VA Denied My Claim.” Hill & Ponton, P.A., 27 Sept. 2016, www.hillandponton.com

J.j. “A VA Accredited/Certified Veterans Benefits Lawyer Is Worth It.” Veterans Disability Benefits Attorneys, www.woodslawyers.com/veterans-disability-lawyers/va-certified-disability-attorney

     “Veterans, ERISA and Long-Term Disability Lawyers.” CCK Law, cck-law.com

     “Bosley & Bratch VA Disability Attorneys.” Bosley & Bratch VA Disability Attorneys, www.lawyers4veterans.com/

     “Disabled Vets.” Veteran's Disability Benefits Lawyer, www.disabledvets.com/

     “Lincoln Criminal Lawyer: Nebraska Criminal Defense.” Berry Law Firm, jsberrylaw.com/

   (The Paper Trail of the Corrupt Network; just follow billing and medical records and you find them.)

                              1) Government has paid all bills I submitted from 2000 - 2019

                              2) In July 2019, I check my credit report and saw a medical company had    
                                  put a 2016 medical bill.

                              3) I file a grievance with Experian Credit Reporting Service, this $282 just
                                  put on June 2019.

                              4) They start investigation, I get a bill that the VA did not pay $7053  
                                     which they said they would in fee basis that was faxed over from
                                   medical company which said VA generally pay these bills. I talked to
                                   the person in fee basis and he said it would be paid; X-rays and other  
                                   test.

                              5) What appear to happen here, is a third party company was worked with                                                              
                                    that seem to unpaid a bill from 2016 and put on my credit report June
                                   2019, so VA can point to this bill, not     
                                   this $7000 bill not being paid as something that has just started under
                                   this administration of Mr. Wilkie, which it is in my case. And since
                                   they have put the "6" button, maybe this something VA wide to keep
                                   other Medical Facilities from providing true X-ray readings or
                                   MRIs services to Veterans that are not getting proper treatment and
                                   diagnosis, denial of X-rays and MRIs at the VA. Some 250,000 MRIs
                                   and X-rays the VA cancelled between 2016 –
                                  2018 across the VA. Since urgent care and claims are on the same "6"
                                   button; this has to do with more than likely disability "claims" and
                                   stopping Veterans from getting outside ER treatment.

                               6) I was given to November 3 and 7 to appeal this March 2019 visit and      
                                    only a partial billing statement, $200 or so from another visit; which
                                    most of the cost was not sent for 
                                    some reason. This bill more than likely larger than the first, but they
                                    did not send it as if it paid.

Medicare for all is but a HOAX; it will only become more and more corrupt like the VA under Bernie Sanders.

From my research, this corruption does not end at the VA; but is inter-agency corruption that extends into Medicare. No Medicare is not going to pay for all; they have a network or corrupt employees just like the VA in processing claims. The scheme with Medicare corruption is, from my research, they have the medical vendor file the claim incorrectly with wrong information, payment amounts, or medical records submitted, to deny paying the claim; and stopping medical treatment from the facility of choice because the person has an unpaid bill. Then they may hit your credit up to because even more devastation from a proposed, "Medicare for all HOAX" already involved in corruption.

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When do we file the charge of murder against these networks? No, its past due to file murder,
or at minimum manslaughter against this network. Another record breaking stock market,
another breaking suicide year by Disabled Veterans. Stanley Gibson complained as we watch
his wife describe how his mind, with his PTSD, she saw him going insane from what the VA
put him through. This article asked the question,  

“Who Killed Stanley Gibson. The Military? The VA? The Las Vegas Police?” Daily Kos, 

www.dailykos.com/story/2011/12/23/1048214/-Who-

Killed-Stanley-Gibson-The-military-The-VA-The-Las-Vegas-police and another article
explained that people with PTSD feel pain inside, depression, 5 time that of a normal soldier;
veteran. Look what they put me through 2014 - June 2019 with this final blow from a corrupt
billing receipt sent out. Four years of coercion, corrupting medical records with each 

complaint followed by intentional infliction of emotional distress, fraud, and deceit. This
systematic corruption felt five times that by people that have emotional distress, depression, and PTSD. Why would one see this as not causing suicides intentionally when disability law according to article cited will not pay benefits to the disabled driven into suicide spouse, family, because he committed a harmful act to himself? But, as the question asks, are these suicides or homicides when the primary motive of have been to coerce me, as an example, out of earned benefits, which I have manage to live, do not believe in suicide, and escape death, trespass, battery, or false imprisonment by this network. But, that fourth frame is probably already in the works. Under such mental conditions, Stanley was never able to gain substantial or sustainable employment while some demanded he could; his mental anguish pushed further and further by the VA. Our mental state breached with conspiracies, tortious interference, duty of care, damaged, factual causation, negligent infliction of Emotional Distress, Breach of duty, duty of care, ultra hazardous activity in diagnosis, and these people keep their license year after year, complaint after complaint, until maybe, the Veteran become a statistical suicide blamed on opioid, that they really was denying him, but you can not see the records; Privacy. Or, they, I, will become the 300,001 to die with a claim never settled. But, did you not kill me. But, you at the VA passed those court cases that you get to benefit, monetarily, paying no benefits to me nor my family for your actions. I see 300,000 wrongful death law suits, settled, as being equitable for the VA intentional actions; Governments' unjustly enrichment every time there actions cause a Veteran to commit suicide and they benefit from such death by not paying or processing his compensation claim to the survivors of that Veteran, must be physical or mental disabled to commit suicide, and not jailing them for murder.
But, this is Rod's belief. Frame 2 Today, almost twenty years later, when "insufficient evidence" started a co"ver-up, one nurse working under Doctor Asistores wrote in my medical records, that I walked/ambulated with a cane which I have not in Twenty-five years at any Veteran's Hospital or facility walked with a cane and a Nurse, while I am under Doctor Asistores, Nurse Goiun wrote I rode/ambulated a scooter to her appointment, which I have never ridden a motorized scooter, anywhere; all-in-all, in a legal evidence matter, this is an attempt to frame me for disability fraud to cover-up Doctor and Nurse illegal activity calling it typos which I think is medical malpractice. If I was not disabled for twenty years, limited to certain work, not substantial or sustainable, they would not have to write lies in my medical records and maybe many other veterans records; 500,000 claims denied, if like mine, have a lot to do with Doctors under the watch of Congress writing away Veterans benefits with false statements adverse to benefits. The Records Department was deceptive in not addressing the Scooter as was Goiun in a request to remove it. It was never removed from the records nor 'the scooter lie" addressed, only the ambulating which after doing research are two totally different issues. The more complaints you file, the more you see. At one point in 2019, like four in a row, every Doctor or Nurse began to distort the record, one wrote the wrong limb was swollen, an eye doctor didn't tell me about far vision problems and said I did not care about far vision problems, left instead of right, it does not matter. Now, what if a surgeon cut off the wrong limb because of writing the wrong limb. What if I have an accident because of the Eye Doctors misconduct? I think she said that I was "happy" with the problem. But, this was under Doctor Asistores and past Primary Care Doctors that were involved in this medical malpractice act of trying to stop Veteran, I say multiple, Veterans long before they filed for any benefits by corrupting the medical records in advance; as if they should have a stake in doing so? Higher Salaries? Maybe bonuses? Maybe if they are in the network, a guarantee not to be fired and a pension awaits? They protect their benefits, but the Veteran is not worthy of such protections, not even under the law? They voted VA as the 6th best place in the Country to work; but they built a Veteran's library at the New VA, computers, copiers, medical books to read about your illness, and then banned Veterans who were using it; from using it. It was for the Nurses only. Now. They love their jobs and the New VA facility. It was built for them? But, it allows you to understand the demeanor, disability discrimination, harassment, coercion, and other malicious misconduct, of some employees at the Las Vegas VA against a Veteran (s). I can offer these employee's conduct as evidence demonstrating some of the other Doctors and Nurses included in this writing intent when writing false statements in my medical records amongst many wrongful things. In my opinion, the false statements and actions by these individuals should be excluded evidence in any form they appear in decisions making on compensation, rating, disability review, medical diagnosis, or any court decision regarding such, because they are meant to, and may, cause prejudice and misdiagnosis; with very little probative value or relevance in making such important decision in medicine; no weight should be given to such malicious intent of these statement put in my medical records. 

https://www.militarytimes.com/news/pentagon-congress/2018/10/31/new-lawsuit-seeks-va-compensation-for-veterans-still-unpaid-emergency-room-costs/

https://www.stripes.com/news/us/veteran-using-va-choice-program-could-get-stuck-with-30-000-medical-bill-1.535955

https://www.stripes.com/news/us/veteran-using-va-choice-program-could-get-stuck-with-30-000-medical-bill-1.535955 
"In 2015, Sen. John Boozman, R-Ark., arranged meetings between VA officials and hospital administrators who said they were collectively owed millions of dollars for treating veterans...Since the Choice program was created in 2014, some private medical facilities have experienced delays getting paid by the VA. When payments are stalled, veterans’ medical bills can be sent to debt collectors and their credit reports damaged... The VA established a toll-free number, 877-881-7618, for veterans to call when facing billing issues through the Choice program. According to a letter sent last year by 40 lawmakers to the VA about the issue, the agency received more than 57,000 calls between the program's launch in late 2014 and May 2017 from veterans facing adverse credit reports."

As I talk about at the end, to “Frame” someone requires a lot of hate for that person or a group of person that person associated to: American, Christian, Male, or Black; maybe a combination, but some form of stereo typed hatred must have been in these incidents.

Some of These are my Beliefs, Writings at Issue, Issue Stated, Legal Argument, Supporting Documents, Block quotes, Writings, Best Copy; Any errors, misstatements, typos, omissions are without malicious intent and I will correct if contacted; if I agree they are mistakes. Rod Jackson.

Fisher wrote, P. 309 "If the contradicted testimony can be explained as a mistake of perception, memory, or narration and might not be a lie at all, the contradiction would not qualify as an attack on character for truthfulness." (Fisher).


\

\

“Belief, Legal Definition of A sense of conviction about the truth of an idea that lies somewhere between “suspicion” and “knowledge.” Belief has been described as being entirely a subjective condition or state of mind as a result of evidence or information received from others. It has been defined as an actual conclusion drawn from information, a conclusion arrived at from external sources after weighing various probabilities, a conviction of the truth of a given proposition, or an alleged fact based on grounds insufficient to constitute positive knowledge. The meaning “belief” and its distinction from “fact” and “knowledge” are very important in the administration of justice.” (Page 120, Reader’s Digest Family Legal Guide).

Smith Law Office. “Smith Law Office.” Saint Joseph Personal Injury Attorney, 14 Mar. 2018, www.smithlawco.com/blog/2018/march/the-irs-20-factor-test-for-employment-status/ "The 20 Factors the IRS Uses for Employment Status 1. Instructions. Employees are given specific instructions on how, when, and where to do their jobs. Independent contractors, on the other hand, are allowed to do the job on their own terms. 2. Training. Employees receive training on how to do specific tasks for their employer, while independent contractors are expected to have the skills, already. 3. Integration with the employer. Employees are integrated into the business they work for, while independent contractors typically treat the business as their client. 4. Personal performance. Employees are often required to do their work, personally, while independent contractors can have others do their work, for them. 5. Assistants. Employees can have assistants who are hired, supervised, and paid by their employer, while independent contractors have to provide assistants, themselves. 6. Continuing relationship. Employees expect to be with their employers for a long time, while independent contractors are often hired on a project-by-project basis. 7. Working hours. If the employer sets someone’s working hours, which strongly suggests the worker is an employee, not an independent contractor. 8. Full day of work. Independent contractors are expected to have several clients at once, so requiring a worker to spend all day often means they are an employee. 9. Multiple bosses. If a person works for more than one firm at the same time, it suggests that they are independent contractors, not employees, of those businesses. 10. Working for the public. Employees work for one person – their employer. Independent contractors tend to solicit work from the public. 11. Site of work. Independent contractors are often allowed to work remotely, especially when the work does not have to be done at the employer’s workplace. Employees typically have to be on site. 12. Dictating the sequence of work. If an employer dictates the order in which work is to be done, their worker is more likely to be an employee. 13. Reports. Employers who require their worker to submit regular reports suggests that the worker is an employee, not an independent contractor. 14. Payment structure. Employees tend to be paid by the hour, day, week, or month, while independent contractors tend to be paid upon a job’s completion or on commission. 15. Expenses paid. Employers tend to pay the travel or business expenses of their employees, but not their independent contractors. 16. Furnishing tools or materials. If a worker is allowed to use the employer’s tools, equipment, or materials, then the worker is typically an employee. Independent contractors typically provide their own. 17. Investing in facilities. Independent contractors are expected to invest in their own working facilities, while employees tend to have these facilities provided for them. 18. Profit or loss from work. Independent contractors have a risk of profits or losses from the project they work, while employees tend to get paid the same, regardless of whether the project was a success or not. 19. Right to discharge. Employers can fire their employees, and threaten to fire them for not following instructions. Independent contractors, on the other hand, cannot be fired if they are meeting the project’s specifications. 20. Right to quit. Employees tend to be able to quit without being penalized, while independent contractors often have to breach their contract to quit a project."

Fairley, Juliette. “The Financial Truth About the '#Me Too' Movement.” Newsmax, Newsmax Media, Inc. Newsmax Media, Inc., 21 Feb. 2018,www.newsmax.com/finance/juliettefairley/financial-truth-me-too/2018/02/21/id/844714/.

" Share There’s a fine line between negotiating a settlement and outright extortion, according to Mark McBride, a Beverly Hills attorney whose clients have had their share of legal cases in which women accused them of sexual harassment and even abuse. “Writing a check without some litigation is extortion,” McBride told Newsmax Finance. "I hate settling cases generally but especially during the #metoo movement. I don’t advise giving in to these demands unless the client admits there was a crime.” A week has not gone by in recent months without new allegations of sexual harassment and abuse surfacing against men who are visible either in politics, media, entertainment or the sports industries. “Some of the “Me Too” movement is a shakedown, which won't change the basic balance between men and women,” said McBride who has negotiated settlements ranging from $60,000 to $300,000. Read Newsmax: The Financial Truth About the "Me Too" Movement | Newsmax.com Important: Find Your Real Retirement Date in Minutes! More Info Here "


Government Shakedowns at the Justice Departments of old Cases
  Hsu, Spencer S. “Ex-Justice Dept. Lawyer Caught in 'Most Serious' Internal Corruption Case in Recent Memory.” The Washington Post, WP Company, 8 Mar. 2018, 


Wertkin worked from December 2010 to April 2016 in the department section responsible for recovering $4.7 billion in misspent tax dollars in 2016 alone. Under the False Claims Act, whistleblowers can receive part of recovered funds for tipping off fraud in government services and contracts by filing what are known as qui tam lawsuits under seal to protect their identities while the United States investigates. Wertkin “took grotesque advantage” of his government position by “shaking down companies” and revealing confidential information and “jeopardized the integrity of the civil justice system and unfairly cast a shadow over the work of the civil fraud section,” Harris said."

“Double Jeopardy.” Findlaw, criminal.findlaw.com/criminal-rights/double-jeopardy.html

   "Double Jeopardy Basics The U.S. Constitution's Fifth Amendment contains a Double Jeopardy Clause, which says that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." Most state constitutions similarly protect individuals from being tried twice for the same crime. For criminal defendants, this is a crucial constitutional right. For example, Joshua is tried for burglary and is acquitted. The prosecution is unhappy with the outcome but is constitutionally barred from re-trying him for the same offense. Even in states that do not expressly prohibit double jeopardy, the protection must still be afforded, because the Fifth Amendment applies not only to the federal government but also to the states via the doctrine of incorporation. There are several reasons behind the rule against double jeopardy. However, some of the most important reasons include the need: • To preserve the finality of criminal proceedings, which would be compromised if the government were allowed to ignore verdicts it did not like; • To impose limits on prosecutors' power; and • To protect individuals from the financial and emotional toll of repeated prosecutions. States can provide greater protection against multiple prosecutions than the U.S. Constitution does, but not less."




------------------------------------------------------------------------------------------------------------------------


Yes, eBenefits.va.gov was down at several optimal times for me to enter information; and was ineffective in responding to sending me properly requested information in a timely manner, bad forms legal parts smeared and not really legal, in a sense; nor responding to uploaded documents on withdrawals, nor faxed documents in a timely fashion, over a five-month period, thus far. These are the Senators overseeing the Veterans Hospital in Las Vegas during most of the part of its 10 years corruption and the overall corruption investigated over those years by the Justice Department and the FBI. The corruption accelerated at the VA from 2017 through 2019.

“United States Senate Committee on Veterans' Affairs.” Wikipedia, Wikimedia Foundation, 21 Feb. 2019, en.wikipedia.org/wiki/United_States_Senate_Committee_on_Veterans'_Affairs.

   "Members, 116th Congress Majority Minority Johnny Isakson, Georgia, Chair Jerry Moran, Kansas John Boozman, Arkansas Bill Cassidy, Louisiana Mike Rounds, South Dakota Thom Tillis, North Carolina Dan Sullivan, Alaska Marsha Blackburn, Tennessee Kevin Cramer, North Dakota Jon Tester, Montana, Ranking Member Patty Murray, Washington Bernie Sanders, Vermont[2] Sherrod Brown, Ohio Richard Blumenthal, Connecticut Mazie Hirono, Hawaii Joe Manchin, West Virginia Kyrsten Sinema, Arizona According to committee members' official online biographies, three of the fourteen members are veterans: Richard Blumenthal, Dan Sullivan and Johnny Isakson. Previous Congresses Members, 110th Congress Majority Minority Daniel Akaka, Chairman, Hawaii Jay Rockefeller, West Virginia Patty Murray, Washington Bernie Sanders, Vermont[2] Sherrod Brown, Ohio Jim Webb, Virginia Jon Tester, Montana Richard Burr, Ranking Member, North Carolina Arlen Specter, Pennsylvania Johnny Isakson, Georgia Lindsey Graham, South Carolina Roger Wicker, Mississippi Mike Johanns, Nebraska Members, 111th Congress Majority Minority Daniel Akaka, Hawaii, Chairman Jay Rockefeller, West Virginia Patty Murray, Washington Bernie Sanders, Vermont[2] Sherrod Brown, Ohio Jim Webb, Virginia Jon Tester, Montana Mark Begich, Alaska Roland Burris, Illinois, until November 29, 2010 Arlen Specter, Pennsylvania Richard Burr, North Carolina, Ranking Member Johnny Isakson, Georgia Roger Wicker, Mississippi Mike Johanns, Nebraska Scott Brown, Massachusetts Lindsey Graham, South Carolina Source: 2009 Congressional Record, Vol. 155, Page S5168 and 2010 Congressional Record, Vol. 156, Page S970 Members, 112th Congress Majority Minority Patty Murray, Washington, Chair Bernie Sanders, Vermont[2] Jay Rockefeller, West Virginia Sherrod Brown, Ohio Jon Tester, Montana Mark Begich, Alaska Richard Blumenthal, Connecticut Mazie Hirono, Hawaii Richard Burr, North Carolina, Ranking Member Johnny Isakson, Georgia Mike Johanns, Nebraska Jerry Moran, Kansas John Boozman, Arkansas Dean Heller, Nevada Source: 2011 Congressional Record, Vol. 157, Page 557 Members, 113th Congress Majority Minority Bernie Sanders, Vermont, Chairman Jay Rockefeller, West Virginia Patty Murray, Washington Sherrod Brown, Ohio Jon Tester, Montana Mark Begich, Alaska Richard Blumenthal, Connecticut Mazie Hirono, Hawaii Richard Burr, North Carolina, Ranking Member Johnny Isakson, Georgia Mike Johanns, Nebraska Jerry Moran, Kansas John Boozman, Arkansas Dean Heller, Nevada Source: 2013 Congressional Record, Vol. 159, Page S296 to 297 Members, 114th Congress Majority Minority Johnny Isakson, Georgia, Chair Jerry Moran, Kansas John Boozman, Arkansas Dean Heller, Nevada Bill Cassidy, Louisiana Mike Rounds, South Dakota Thom Tillis, North Carolina Dan Sullivan, Alaska Richard Blumenthal, Connecticut, Ranking Member Patty Murray, Washington Bernie Sanders, Vermont Sherrod Brown, Ohio Jon Tester, Montana Mazie Hirono, Hawaii Joe Manchin, West Virginia Source: [3] 115th Congress Majority Minority Johnny Isakson, Georgia, Chair Jerry Moran, Kansas John Boozman, Arkansas Dean Heller, Nevada Bill Cassidy, Louisiana Mike Rounds, South Dakota Thom Tillis, North Carolina Dan Sullivan, Alaska Jon Tester, Montana, Ranking Member Patty Murray, Washington Bernie Sanders, Vermont[2] Sherrod Brown, Ohio Richard Blumenthal, Connecticut Mazie Hirono, Hawaii Joe Manchin, West Virginia Source:[4]"

Yes, I wrote the "Committee on Veterans' Affairs" that I had uncovered corruption at the Las Vegas VA in dealing with "Veteran's Benefits" so the Nurses and the Doctors, many of them, writing false statements Adverse to benefits existed, and it appears covered up regional, and Congressional, when afterward, the corruption accelerated after a complaint. A dozen or so Doctors and Nurses just in my case, wrote: Doctor Asistores wrote that she and I had a conversation about "I said" I had been smoking; for two weeks? When I never smoked anything in my life. In my opinion, she did this to attack, offset in benefit terms: Dental, Diabetes, Cancer if it should arise, Cardiac problems, MI, or other benefits in 2017 as my new Primary Care Doctor. Why did I say for two weeks? Indirectly the time period, because it was recorded in my records about two weeks before I first met her that I was a non-smoker, never smoker, lifetime non-smoker, recorded for 25 years of medical records. Doctor Asistores wrote out this long dialogue that she tried to convince me not to smoke any longer as if I was a long term cigarette addict, but the duration could have been only for a couple of weeks and afterward all the other recordings of what I've said in the records say never or non-smoker. I have been labeled a disabled worker since 2000 after a work accident falling 10' with multiple neck, back, arm, and head injuries. From 2000 to 2013 at the Las Vegas VA, I had two Nurses that may have been involved in this sort of corrupting the medical records, but around after 2013, all three and now four, of my Primary Care Doctors, seemed to have some involvement in this corruption at the Las Vegas Veteran Hospital VA Systems of Southern Nevada.

"Can Social Security Deny Me Disability Benefits If I Smoke?

Posted on November 23, 2015 in Denied Social Security Benefits

User, Super. “Can Social Security Deny Me Disability Benefits If I Smoke?” Pearson Disability Law, LLC, the applicant also smokes. Before the SSA, she testified about her addiction to nicotine for the past 30 years, which cause her to continue smoking a pack of cigarettes per day in spite of her pulmonary disease. This proved to be a sticking point for an SSA administrative law judge (ALJ), who found the applicant's testimony regarding her multiple disabilities “lacked credibility because she continued to smoke.”

An ALJ must cite sufficient “testimony and medical evidence in the record” connecting an applicant's smoking to the disabilities alleged.

The magistrate also noted some of the woman's disabilities, such as her reliance on a cane, could be tied to other physical ailments." Retrieved from:
www.disabilitylawyerschicago.com/social-security-attorneys/social-security-deny-disability-benefits-smoke

Today, almost twenty years later, when "insufficient evidence" started a co"ver-up, one nurse working under Doctor Asistores wrote in my medical records, that I walked/ambulated with a cane which I have not in Twenty-five years at any Veteran's Hospital or facility walked with a cane and a Nurse, while I am under Doctor Asistores, Nurse Goiun wrote I rode/ambulated a scooter to her appointment, which I have never ridden a motorized scooter, anywhere; all-in-all, in a legal evidence matter, this is an attempt to frame me for disability fraud to cover-up Doctor and Nurse illegal activity calling it typos which I think is medical malpractice. If I was not disabled for twenty years, limited to certain work, not substantial or sustainable, they would not have to write lies in my medical records and maybe many other veterans records; 500,000 claims denied, if like mine, have a lot to do with Doctors under the watch of Congress writing away Veterans benefits with false statements adverse to benefits. The Records Department was deceptive in not addressing the Scooter as was Goiun in a request to remove it. It was never removed from the records nor 'the scooter lie" addressed, only the ambulating which after doing research are two totally different issues. The more complaints you file, the more you see. At one point in 2019, like four in a row, every Doctor or Nurse began to distort the record, one wrote the wrong limb was swollen, an eye doctor didn't tell me about far vision problems and said I did not care about far vision problems, left instead of right, it does not matter. Now, what if a surgeon cut off the wrong limb because of writing the wrong limb. What if I have an accident because of the Eye Doctors misconduct? I think she said that I was "happy" with the problem. But, this was under Doctor Asistores and past Primary Care Doctors that were involved in this medical malpractice act of trying to stop Veteran, I say multiple, Veterans long before they filed for any benefits by corrupting the medical records in advance; as if they should have a stake in doing so? Higher Salaries? Maybe bonuses? Maybe if they are in the network, a guarantee not to be fired and a pension awaits? They protect their benefits, but the Veteran is not worthy of such protections, not even under the law? They voted VA as the 6th best place in the Country to work; but they built a Veteran's library at the New VA, computers, copiers, medical books to read about your illness, and then banned Veterans who were using it; from using it. It was for the Nurses only. Now. They love their jobs and the New VA facility. It was built for them? But, it allows you to understand the demeanor, disability discrimination, harassment, coercion, and other malicious misconduct, of some employees at the Las Vegas VA against a Veteran (s). I can offer these employee's conduct as evidence demonstrating some of the other Doctors and Nurses included in this writing intent when writing false statements in my medical records amongst many wrongful things. In my opinion, the false statements and actions by these individuals should be excluded evidence in any form they appear in decisions making on compensation, rating, disability review, medical diagnosis, or any court decision regarding such, because they are meant to, and may, cause prejudice and misdiagnosis; with very little probative value or relevance in making such important decision in medicine; no weight should be given to such malicious intent of these statement put in my medical records.

   (The Paper Trail of the Corrupt Network; just follow and you find them)


Acting with Malicious Intent. Outrageous, one Doctor wrote in 2015 "Diabetes Mellitus with No Complications" in my medical records which is almost an "oxymoron." Only one complication, of many, that is a pun, a filament test taken by many nurses and maybe a few Doctors for foot Neuropathy for about 15 years is a complication of Diabetes that has been abnormal when always taken, 10 years before this Doctor wrote this. I had not looked at my medical records in a couple of years, did not catch before this Doctor is now long gone. But, Asistores sees it, imports it into her first Patients Notes with the false claim of smoking. But, the filament test still existed for all these years that debunks this statement by the long gone Doctor and Doctor Asistores. So, they have to get rid of the filament test IN 2018. One of Asistores's Nurses does. She does not take the filament test in the three times I saw her, but wrote the test away in the last visit, by saying in 2018, she took the test and the foot is normal; meaning no more Neuropathy "Complication of Diabetes Mellitus" that is a degenerative disease and gets worse instead of better. Her malicious intent was for her to close her notes as finished with the appointment and then open them back up with an addendum, only for the purpose of writing a lie that she took the test. The first appointment, she said she did foot exam, but I did not take off my shoes, and she put nothing for filament test; second appointment, she acknowledges that she did not do the filament test and placed no results; so she knew there was a test. But, because it is a subjective opinion, they felt it okay to write it away. The only problem, a short time later, a foot Nurse actually took the filament test, it involves a pricking device, and wrote it was as before, abnormal just after Doctor Asistores's Nurse tried to write, "Diabetes Mellitus without Complications" which was always a lie in my records. An MRI taken several months later showed signs in the reading, as read, feet peripheral neuropathy history, as well, which another Doctor and his Nurse have refused to scan the MRI, X-rays from another emergency room into the VA records system; after his Nurse said she was having them scanned in April 2019. Again, "No Diabetes Mellitus with Complications" lie ongoing; just hide the evidence; hiding the exculpatory evidence. Why would your Doctor at a normal place not want anyone to see the most recent X-Ray and MRI> Then, on a regional level, the only C & P exams they are willing to schedule me for, the only two, are the "smoking" Dental and the "Diabetes with no Complication" foot; as Asistores still shows as my Doctor as they tell me no, you have a new Doctor at a new facility. If I recall correctly, the only Doctor to ever put I was "Service Connected" in my medical records in 2017 was Asistores on this first visit, but it was not to assist me, in my opinion, it was a message to the other Doctors and Nurses, maybe in the network, on what to do, and not to further question, who saw the false statements. That prompted me filing for "Service Connected" in 2019 to get to the bottom or top of this misconduct at the VA, which my military medical records are full of Service Connections injuries and diseases. I explain later how I think Doctor Asistores and the other Doctors got the information about my military injuries or diseases way before I had any idea of what was going on; to start writing the false/lies in medical records of course. The ER Doctor determine in 2019 that my symptoms were Sinusitis, and the ER Nurse tried to disprove Sinusitis and inferred how uneducated I was; very nasty words used in my medical records when she was wrong; it was in my Service Records. The Nurse contacted Doctor Asistores or her Nurse the same day. She was one of the four, with Gouin, in a row corrupting my medical records. So, I canceled or re-dated the rest of my appointments from a few of the good Doctors and Nurse that I visited in the past that had not written any false statements in my records; yet. I finally canceled them so they would not have too. This was coming from and covered from high above.

My Belief of "The Agreement" in My Case


In my case, they did, and continue to do, cause, induce, incite, fabricate, cook up, frame, concoct, makeup, whatever it takes, to have an adverse effect on disability, rating, compensation, law or review; omit material evidence, hide exculpatory evidence, fabricate false documents and evidence, and then plant or exclude the evidence in my medical records. Prove "Diabetes Mellitus Without Complications" through manipulating the evidence to stop the fulfillment of compensation and or rating of injury or disease, Diabetes with complications. A Practical Guide to Appellate Advocacy, Third Edition, Mary Beth Beazely, Wolters Kluwer Law & Business, 2010 wrote in part P. 221 - 222 "If the law is with you, argue the law; if the facts are with you, argue the facts; [if the medical documentary evidence is with you, argue the medical record, 5000+ documents argued]; if neither [none of these] is with you, call the other guy names." The Agreement has been indefinite in nature; one building on the others past acts, like that one in the past leaves behind a corrupted part of the medical record from an active supporting role to a supporting passive role in the record. 

"When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant."  38 U.S.C.A. § 5107(b); see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). Retrieved from: https://www.law.cornell.edu/uscode/text/38/5107

And https://caselaw.findlaw.com/us-federal-circuit/1016628.html

"With chronic diseases shown as such in service, or within the presumptive period after service, so as to permit a finding of service connection, subsequent manifestation of the same chronic disease at any later date, however remote, are service connected unless clearly attributable to intercurrent causes."  38 C.F.R. § 3.303(b) 

Retrieved from: https://www.va.gov/vetapp16/Files5/1637892.txt


P. 426, Fisher wrote, "as Judge Learned Hand explained this in a frequently  quoted remark:
     "When men enter into an agreement for an unlawful end, they become ad hoc        agents for one another, and have made a 'partnership in crime.' What one does pursuant to their common purpose, all do, and, as declarations may be such acts, they are competent against all." Van Riper v. United States, 13 F.2d 961, 967 (2d Cir.)"
Each of the components of this common-law exemption, in turn, had an agency justification. To fall within the exemption, the co-conspirator's statement had to be made "in furtherance of" the conspiracy, a requirement that arose from the agency rationale that an agent's act or words could be attributed to his principle only so long as the agent was acting within the scope of his employment. The statement also had to be made "during the course of" the conspiracy. This feature necessarily accompanies the "in furtherance of" requirement, for there must be an employment of business relationship in effect between the agent and principle, in accordance with which the agent is acting, for the principal to be bound by his agent's deeds or words..." (Fisher).

P. 935, Fisher wrote about Rule 501 from the Seventh Circuit in this sentence, "The court of Appeals qualified its recognition of the privilege by stating that it would not apply if "in the interest of justice, the evidentiary need for the disclosure of the contents of a patient's counseling sessions outweighs that patient's privacy interest."(Fisher).

On P. 936 the keep of two parts of patient-Doctor privilege is keeping the "trust" which have been violated over and over again by Doctor and Nurse, this "trust" as Fisher wrote, "Like the spousal and attorney-client privileges, the psychotherapist patient privilege is "rooted in the imperative need for confidence and trust."
No trust exist, or should be expected, with this network of Doctors and Nurses, in my belief, violating any expectation of Patient-Doctor trust; nor privacy obligations. (Fisher)

My Analogy for doctor-patient: The bad actors on misconduct opened the door for no privacy, or a frame could have been using a grand jury, maybe, or have been, brought before Grand Jury (s). On P. 1021, Fisher wrote, "...the Government contends that the reasons for the traditional attorney -- client privilege do not apply with same force n the circumstances present by this case: a federal grand jury investigation into potentially criminal government conduct." (Fisher).

My Analogy to patient-doctor: P. 1024, Fisher wrote, "(1) The lawyer-client privilege protects against disclosure of communications between lawyer and client, but not against disclosure of the underlying facts." (Fisher).

Thus, on Ps. 1026 and 1027, Fisher wrote, "... The Supreme Court interpreted this [Fifth Amendment]language to mean that the privilege is violated only when a person is compelled to provide testimonial self-incrimination." United States v. Hubbell, 530 U.S. 27, 34 (2000) (Fisher).

P. 1048,  Fisher wrote, "Testimonial exclusionary rules and privileges contravene the fundamental principle that ""the public ... has a right to every man's evidence.'"... relevant evidence has a public good transcending the normally predominate principle of utilizing all rational means for ascertaining truth." Elkins v. United States, 364 U.S. 206, 234 (1960). (Fisher).


My Belief of The Motive in My Case
It is my belief, Doctors, and Nurses attempt to stop compensation and rating for military injury and disease through fraud. In my opinion, the military foot injury and disease showed symptoms of Diabetes, injury, disease, in the military medical records, while in the Military, creating a Nexus to Medical connected to today's condition of a foot injury, disease, Diabetes. The Diabetes, injury, disease, Nexus is in the foot, so the secondary complication of Diabetes, injury, disease, and the Diabetes, injury, disease, Secondary's Complications may be Nexus to the foot injury and foot disease from the military. They attempted, attempting, to do the same with other Service Connected Injuries, illness, and diseases, which such acts are contrary to U.S.C.A. AND C.F.R. Codes and Regulations on Issues.

Regardless if no propensity evidence, Federal Rules of Evidence, 404 of prior acts from other cases, and even if excellent character claimed from some of these Doctors and Nurses, I believe the admissible evidence shows motive, opportunity, preparation, intent, plan, knowledge, identity, absence of mistake, lack of accident, and a final fruition of such acts. (P. 157, Fisher).

P. 313, Evidence, Third Edition, George Fisher wrote, "evidence tending to show a witness's bias, prejudice, or motive to lie is so significant that it is not considered a mere collateral matter but is deemed exculpatory evidence that may be established my extrinsic proof as well as by impeachment through cross-examination."


                        "Fraud definition, deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain                               some unfair or dishonest advantage" https://www.dictionary.com/browse/fraud

How to find Fraud in Medical Records from Doctors and Nurses Putting False Statements/lies to adversely affect ratings, compensation, or disability? Audit by searching the words "He" or "She" then or with advanced search "said" because this is how they have perfected this at the Las Vegas VA over the last two decades: "The Basic Formula, it is only three parts, two that stay the same, with the middle part changing. The "he" or "she" is used to relieve the Doctor or Nurse from stating the lie themselves; when you find first and third part together, you simple ask the Veteran about the lie:

First Part          Second Part                                               Third Part (The Malicious Intent)



He *Said, "        "The Lie"            The lie must have an adverse effect on disability, rating, compensation, law or review.
She *Said, "       "The Lie"           The lie must have an adverse effect on disability, rating, compensation, law, or review.

*Of course you would have to substitute "said" with derivative words* like: stated,  expressed, told, reported, affirmed, mentioned, replied, asked, listened, hid, spoke, verbalized, denied, mention, ask, deny, listen, hide, say, state, speak, verbalize, reply, etc.

But, this did not work in a small form with my reviews because I filed complaints that they were lies in the medical record. So, they increased them in 2019, the Doctors and Nurses, which lies large quantity show incompetence in the medical field or obvious malicious intent from people conspiring to corrupt medical records to have an adverse effect on ratings, compensation, or disability reviews for Veterans.

So you could actually take a veterans medical records, do the above search, place the Doctors or Nurses name on a sheet of paper, look for patterns, ask Veteran, if they are still living, did they say such, and identify every Doctor or Nurse that has been involved in this fraud over the last twenty years of putting false statements in medical records to negatively affect ratings, compensation, or disability reviews; a kind of reverse engineering of Doctor and Nurse fraud in the medical records.


Under the Veterans Claims Assistance Act (VCAA), when VA receives a complete or substantially complete application for benefits, it must notify the claimant of the information and evidence not of record that is necessary to substantiate the claim, including apprising him of the information and evidence VA will obtain versus the information and evidence he is expected to provide.  38 C.F.R. § 3.159 (2015).  Retrieved from: https://www.va.gov/vetapp07/files1/0700871.txt

The Veterans Claims Assistance Act of 2000 (VCAA) and implementing regulations impose obligations on VA to provide claimants with notice and assistance.  38 U.S.C.A. §§ 5102, 5103, 5103A, 5107 (West 2014); 38 C.F.R. Retrieved from:https://www.va.gov/vetapp15/Files4/1529414.txt

The Board notes that under Johnson v. McDonald, 762 F.3d 1362 (Fed. Cir. 2014), a Veteran may be awarded an extraschedular rating based upon the combined effect of multiple conditions in an exceptional circumstance where the evaluation of the individual conditions fails to capture all the service-connected disabilities experienced. Retrieved from: 
https://casetext.com/case/johnson-v-mcdonald-3

See 38 C.F.R. § 19.9 (2015).  VA has a duty to make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claims for the benefits sought, unless no reasonable possibility exists that such assistance would aid in substantiating the claims.  38 U.S.C.A. § 5103A(a) (West 2014); 38 C.F.R. § 3.159(c), (d) (2015). Retrieved from: /WST.aspx

My last X-ray at the VA, the person that read it, tried to disprove a lot of soft tissue problems that I currently had, when MRIs generally read soft tissue problems, and X-rays do not give good readings on soft tissue which his reading went in great detail, maybe fudged though omission of fact about x-rays and readings, saying no soft tissue injury. A true statement can be a lie with the omission of facts. I took pictures of my feet problems. On the same visit, it took several hours, I nodded off, the blood work Nurse came in, I gave her my arm, closed my eyes back, and when she finished and had left, I looked on the table and a vial of my blood still lay there. I thought that strange. I nodded back off, and woke up when a Doctor told me I had Cellulitis in my toe and the blood vial was gone. There was a lot lies, fabricated false statements, planted fabricated false evidence, in my medical records. I always wondered about that missing blood vial; or at least the blood vial the Nurse missed. If Jesus rose from the dead with his foot problems; then I would be okay too. Try walking in my shoes. The MRI and my 15 years of radiology, X-rays and MRIs and Doctor Diagnosis say something much different; more consistent with my feet injuries in the military. His X-ray much like the filament test was to prove the lie "Diabetes Mellitus with No Complications."

Selesnick, Harlan. “X-Rays Don't Show Soft-Tissue Injuries. An MRI Probably Will.” Miamiherald, Miami Herald, 21 Sept. 2018, www.miamiherald.com/living/health-fitness/jock-doc/article218804240.html.

                             "Diabetes Mellitus (DM), commonly known as diabetes, is a group of metabolic                                      disorders characterized by high blood sugar levels over a prolonged period.                                              Symptoms of high blood sugar include frequent urination, increased thirst, and                                         increased hunger. If left untreated, diabetes can cause many complications."
                                 

https://en.wikipedia.org/wiki/Diabetes

 

They try to narrow the "Diabetes Mellitus Without Complication" only to the foot; which the statement to be true would also include my full Diabetes Mellitus problems in my 25 year medical records in the military and Veterans Hospital; the foot is one primary Nexus to Service Connection injury and/or disease but I have many Complications from Diabetes Mellitus as some actual Complication of Diabetes (Mellitus) are listed on the 
American Diabetes Association Website, such as:
Skin Complications
Eye Complications
Neuropathy, Foot Complications
Heart Disease, MI Complications
High Blood Pressure, Hypertension Complications
Mental Health Complications
Kidney Conditions Complications
Gastro Complications

For me the litmus test to allege that a mistake is intentional with intent to cause an adverse effect on my disability reviews is, can the mistake be linked to adversely affecting a disability law? A typo, or repeat word, or a voice reader mistake does not meet the litmus test in my opinion. 


Prior Consistent Statements Impeaches Inconsistent Statements Rule 801 (d) (1) (B)

Secondly, the Doctors and Nurses fabricate evidence through a lie to create inconsistent statements in the record manipulate court law like Rule 607 of the Federal Rules of Evidence, and Rule 613 governing Impeachment of Witness, Rule 104 (a) (b), Rule 401, 402, 403, 404 (B) to show Veterans has made false statement through Doctor and Nurses creating lies. On page 491, Fisher states, “One of the most effective ways to lie is to mix falsehood with truth, especially truth that seems particularly persuasive because of its self-inculpatory, meaning exposing themselves to prosecution, nature. They planted evidence as testimony or to testify under oath, by themselves, or another, in a tribunal, hearing, board, committee, or court. Thus, P. 295, Rule 609 (a) (2): Crimes involving deceit are especially probative of one’Ds propensity to lie and are therefore made “automatically” admissible. (RB 145) (Fisher).

But according to Fisher, George. “Evidence, 3D / Edition 3|Hardcover.” Barnes & Noble, www.barnesandnoble.com/w/evidence-3d-george-fisher/1117356620 P. 457, “Impeachment by charging that the testimony is a recent fabrication or results from an improper influence or motive is, as a general matter, capable of direct and forceful refutation through introduction of out-of-court consistent statements that predated the alleged fabrication, influence or motive. A consistent statement that predates the motive is square rebuttal of the charge that the testimony was contrived as a consequence of that motive.” Huddleston v. United States, 485 U.S. 681, 688 (1988) (Fisher).

And According to Fisher, George. “Evidence, 3D / Edition 3|Hardcover.” Barnes & Noble, www.barnesandnoble.com/w/evidence-3d-george-fisher/1117356620 P. 441, “in determining whether a Government witness testimony offered as impeachment is admissible, or on the contrary is a “mere subterfuge” to get before the jury substantive evidence which is otherwise inadmissible as hearsay, a trial court must apply Federal Rule of Evidence 403 and weigh the testimony’s impeachment value against its tendency to prejudice the defendant unfairly or to confuse the Jury.” (Fisher).

Furthermore, it states on P. 443, “Because Steven’s so-called “impeachment” testimony was both highly prejudicial and devoid of probative value as impeachment evidence, the trial judge should have recognized the Government’s tactic for what it was – an attempt to circumvent the hearsay rule and to infect the jury with otherwise inadmissible evidence…” (Fisher).

In Halloran v. Virginia Chemicals Inc., Court of Appeals of New York, 41 N.Y.2d 386 (1977), according to Fisher, “At least, as in this kind of case, where the issue involves proof of a deliberate and repetitive practice, a party should be able, by introducing evidence of such habit or regular usage, to allow the inference of its persistence, and hence negligence of a particular occasion.” Asistores, Doctors, Nurses are impeached by direct evidence, past Doctor Testimony, Great Radiologist, and circumstantial evidence. (Fisher).

P. 534 and 535, Fisher wrote, "It is clear that Rule 803(4) significantly liberalized prior practice concerning admissibility of statements made for purpose of medical diagnosis or treatment. See 803. Rule 803(4) admits three types of statements: (1) medical history, (2) past or present sensations, and (3) inception or general cause f the disease of injury. All three types are admissible where they are "reasonably pertinent to diagnosis or treatment." The rule changed prior law in two main points. First, the rule adopted an expansive approach by allowing statements concerning past symptoms and those which related to the cause of the injury. Second, the rule abolished the distinction between the doctor who i consulted for the purpose of treatment and an examination for the purpose of diagnosis only; the latter usually refers to a doctor who is consulted only in order to testify as a witness...It focuses upon the patient and relies upon the patient's strong motive to tell the truth because diagnosis or treatment will depend in part upon what the patient says." (Fisher).


One may consider me an expert Witness on this matter; maybe not. Fisher states on P. 751, Rule 702 of the Federal Rules of Evidence provides that expertise may be obtained by experience as well as from formal training or education…” But, at minimum a lay witness, or maybe I cross the line as both. P. 738, Fisher wrote, "Rule 701, which governs admission of lay testimony under the Federal Rules, plainly permits the sorts of lay opinions I've just described, as well as many lay opinions that arguable fall outside the traditional categories. " Then the opinion can have three characteristics, (a) rational based on their perception (b) helpful to fact finding (c) lay witness may cross over into experts' realm with other specialize knowledge; my question is does he then become an expert witness? (P. 738, Fisher). 

Thus, "Diabetes Mellitus with No Complications" could have been a voice error reader that meant to say with Complications; he did write that Alibi at the end of a visit, but Doctor Asistores importing the statement into my first appointment was no typo, repeat word, nor voice reader mistake, it was intentional with malicious intent to cause an adverse effect; when fruition. 

Most Veterans, if affected by these Nurses' and Doctors' false statements, as I was, probably do not know much about disability law or much about what is false medical records, or may not be able to detect some of the false statements as such, or of what a Doctor's false statement can mean to deny their benefits; the Veteran never see the records on many occasion. He has trusted the Doctor and now the Doctor is long gone; maybe. His lawyer see the false statements, and he does not know they are false; who's to tell him, the Doctors involved in corruption? If you know a Veteran; tell him to go and get all his medical records, even the nurses' notes. In Las Vegas, there is an epidemic of Doctors and Nurses involved in my case trying to create FALSE evidence; other good Doctors and Nurses have discredited with proper medical records and testing, and responsible for their actions: "thank you for serving." Under the Watch of the Director in Las Vegas, Regional, and under some Congress Members that I have contacted, many have no respect for the Hippocratic Oath of Doctors, which is reported only 34% now take and 14% refuse to take (beckerasc.com) We saw corruption under oversight in the FBI, the Justice Department, and the same exist at the VA. 5/29/2019 This may have been going on more than a decade at the VA; Bernie Sanders has been in charge of that oversight as well as Blumenthal over the last decade; this is Socialism Medicine when there is a One Trillion, Five Trillion, 10 Trillion or Twenty Trillion Deficit; it becomes corrupt to deny benefits promised for political gains as part of Institutional Disability Discrimination; in-which a whole network of individuals become corrupt; maybe even part of an entire part of government, one covers the other, so no one will get fired; and if they do, it will not matter because the network is too big. The network, each of their misconduct, and actions are uploaded on ebenefits.va.gov today. 5,000+ pages. 

But, for it to exist at the VA Year after Year, it would take 3 Cs; in business the 3 Cs are Company VA, Competition Local Hospital, and Customer Veteran which should be the core focus at the VA on satisfying; but the 3Cs for Institutional Disability Discrimination to work year after year, maybe a decade past, would mean a large number of people have knowledge and maybe Cooperate, Cover-up, and/or are part of the Corruption. it would take this segment in a district under the cover of a regional office to operate this VA's actions of putting false information into medical record for adverse decisions on claims, and govern under NRS Chapter 449, Medical Facilities and Other Related Entities and NRS Chapter 450B Emergency Medical Services, NRS Chapter 449A Care and Rights of Patient; Patients Rights :
1) Patient Advocates Office, Las Vegas 2014 - 2019 same 
 (Cover-up, keep in house)
2) Director of Records, Las Vegas 2014 replaced - 2019 
 (Cover-up, keep in house)
3) Director of VA Hospital or Local, Las Vegas 2014 Maybe, replaced, 2019 
 (Cover-up keep in house)
4) Someone at Central Processing Claims Office, WI, sent corrupted forms to me in 2019 
 (Cover-up, keep in network)
5) A person, one of only two of the persons assigned to sign Veterans up for ebenefits.va.gov, from what I was told, in the Benefits Office at the VA Hospital, gave False Information to me, that Veterans are not supposed to be on eBenefits until the adjudication stage of a claim. I questioned that, which could mean if adjudication started after a year, that they would not be able to upload any evidence because after a year you can't. She lied about me not being in the system to try to keep me from getting back into ebenefits.va.gov quickly and gave me a form to send in by mail which could take a long time to apply to be a part of the system, which claims have a limited time to submit information, she printed up about 25 of these forms for other Veterans, after I was shutout only after uploading 3 documents, she saw what my medical appointments were at the C and P, Dental and Foot, but she said that I had a third to do with Cervical, which the people administering the C and P never scheduled, later denied it existed, and she has access to military medical records which could be the source where Doctors or Nurses at the VA Las Vegas find out who has injuries and what injuries are Service Connected. She called one manager who reports to the Reno Office, I guess this is regional, and WI is Central Regional that went along with some of her dubious statements, and another manager didn't but questioned them as I did. So the office has two sides with many representatives. 2019 VSO Las Vegas 
 (Cover-up, keep in network)

I was told they had New Director around March 2019. I must add that I dealt with 6 people in the office, 4 people were incredibly helpful, and they bent over backward to help me, as they did other Veterans, when problems arose, through the claims process, and a great manager it took to solve the above problem to finally get me back into ebenefits.va.gov, when the above lady gave deceptive information; to her too. But, when you have corruption in the case you have to be in control to document it; or your case gets swept under the rug; if not, the decade of corruption would have already stopped at the Las Vegas VA Hospital. There is only one main dinning commons.

   (The Paper Trail of the Corrupt Network; just follow and you find them)



But, it would take, also, for all this to work from the bottom to the top:
6) Possible Corrupt Lawyer with kickbacks or special favors swapping some cases or Someone with Poor Knowledge of Corruption from a VFW or VSO Service Assistance Claims Officer, or one that may be involved themselves.
&) 
C and P Examiner that is willing to make false statements or even a true statement, that is false, because of omitted or hidden exculpatory medical evidence, that lacked evidence not given them, they do not allow you to bring in your own medical records showing nexus, only those after the claim, which one without the other cannot make a nexus to Service Connection, the examiner main office, they send you a one page preparation form, with little small lines/boxes with little space for any evidence, on what will be covered for you to fill in and to be prepared to talk about, when an actual Benefits Questionnaires (DBQs) that the C and P may fill out may be 10 pages or so in length, that not including the Nexus Statement, the Impact Statement, and other information, and from that one page of small fill in the blank that you do, and the records that the VA chose to provide, maybe not your entire record, is what they make decisions on. My C & Ps, one with maybe less than a year training, and the other listed no training so I assume he may have been put on the payroll this year, most recently in 2019. The false statements for the VA Doctors and Nurses are written for this Person; the C and P examiner is supposed to write about inconsistency in the record, as part, in determining your Service Connection. Of course, when the evidence is clear, the VA is not required to have you see a C and P examiner for a Rating; unless some, maybe want someone to write about the inconsistency in the record. The Doctors and Nurse went to great lengths and risks of malpractice, when they reach such high level, would be incompetence, to put them there.
7) The final component would be a network reaches into the appeals process, which I never, or have not gotten to yet. The false statements for the VA Doctors and Nurses are written for this Person. The inconsistency in the lies from the Doctors or Nurses, I assume will affect the decision at this level, if the me, Veteran, does not file a whole lot of complaints; but a Veterans representative may not be compelled to getting to the truth in these matters.
8) Finally, I sent a letter to the Director of the VA, Certified, Secretary of the VA, Wilkie, in Washington D.C.; but the corruption continued at the Las Vegas, VA. BUT, IS HE REALLY IN CHARGE OR IS IT THE NETWORK. The last Secretary of VA under the Democrats' Obama could not, or did not stop this, either, when I filed complaints. Nor, did the one prior to him when others filed complaints, I assume.

But, what are they doing about competition; the Local Hospital doing their normal duties with patients?
              1) They have this new alert system, under Doctor Asistores, where a Veteran has a short window, visiting another Care Service before an alert system notifies Doctor Asistores where you are, and on two, maybe three, the corruption spreads. So you go in, the Doctors have good intentions on doing the Oath, some did, and they did good radiology, but two by the time I got initial treatment and I got records, I saw a familiar MO, Modus Operandi, from the VA under Asistores in my records, where something false was put in the records. Asistores or her Management Nurse, that has Nurses working for her too, contact the Doctors at the other non-VA hospitals. These alert notes were put in my medical records and Asistores and one of her other Nurses made decisions on disabilities from the visits. So, Doctor Asistores is much-involved Player in Rating and Disabilities at the VA for Service Connection. Two were malicious, maybe one lacked knowledge, but one Doctor was just bringing, well this is what I think, it to my attention, that I had false statements in my records and they should be corrected with "Standard Industry Medical Practice", the litmus test for malpractice, of "editing" them off electronic records. This was Doctor W. at another Hospital. He pointed out the wrong leg statement from the VA. I do not think he was malicious at all.
             2) I took the MRI and X-ray to the VA ER and the Doctors seemed almost afraid to even look at them because they said something a lot different from the VA X-ray that I had taken around the same time period; and as I said, the newly appointed Doctor, SW, around April 2019, and Nurse did not, would not scan the X-ray or MRI and 40 pages of my stay at another Hospital for foot and leg problems into records because they showed "Diabetes Mellitus with History of Complications" with the foot which the C and P examiner can't put in the VA records as evidence even if she commented on them and I gave them to her; they would not make it into the legal record for appeal. It is customary or considered standard, for Primary Care Doctors to scan other medical records into your file at the VA, so this was not normal medical standards of practice. The MRI was the Nexus to my Service Connection for my foot even though Asistores would enter all the false testimony about inconsistencies, even though the X-ray VA seem fudged to say no soft tissue injury when there was evidence of soft tissue injury. The MRI debunked the VA X-ray on no soft tissue injury and the Nurse's false filament test taking and that injury existed on the foot in 2019, as well as past years. This Medical Document presented as illustrative and educational purpose for what the MRI reading looks like and some parts for privacy reasons redacted:

Setup from the Top? How high are these setups of Veterans? Asistores was chosen as my provider to set me up? She was very skilled and it seems she is part of the Rating and Disability team at the Las Vegas VA from the information gathered. One reason, the plan from the beginning to frame fruition and she was set up as the key witness to put all this information somewhere if I had not filed for Service Connection, but since I did, this is where she was set up to write about what under her corruption was set up. From my reading of the law Websites, a Doctor with knowledge of the injury or disease must state the Nexus, connection to the military, of the injury or disease, and if they are acting in a capacity as a C & P doctor they would have to state the inconsistencies in the record, which was created under Doctor Asistores, for her to state in the capacity with the C & P examiner. The Foot C & P examiner. The dental and foot are the most seen evidence in my military medical records that has present injury that connects me, Service Connected; so these were the two, with the record created, needed attacking. Regional schedule a Doctor for the Dental Exam, as the law blogs say they should, but they would never schedule a Doctor for the foot. They first scheduled an MBA person, but no Doctor, but I rescheduled, and then they scheduled a Nurse, but no Doctor. After I filed a complaint with Congress, I got a call in a couple of days with the scheduled examiners, but at the same instance, the same day, I got a call from Primary Care at the VA Hospital that said I had to schedule an appointment with Doctor Asistores as well. Well, it had been some time since I had requested a new Doctor, past the 20 days they have to do it because under her so many Doctors and Nurses had corrupted my medical records. I did not call her back. Even when I was told I had a new Doctor at a new Facility all the printouts from the VA at the same time had he as the Doctor, because they more than likely needed her to testify to what under her was created, in my opinion, by her and others. The new Doctor who scheduled an appointment within the time limit to be included in the regional informational gathering, also had scheduled a foot X-ray, in my opinion, there needed to be new evidence, after the X-ray and MRI surfaced in the Emergency room with a lot of "Diabetes Mellitus with Complications" which gave conclusive evidence that Asistores Nurse had lied about the filament test. I visited the SW Doctor's Nurse, and she said I would see him, but I gave her the evidence, MRI and X-ray recently taken, so there was no need for the new foot X-ray that he had scheduled; she left and returned and he would not see me. In my opinion, as they did not scan the documents in, someone did not want the medical evidence submitted at the VA in the time frame that the initial review closed, after considering the rule on 3-day mail, after this Doctor's scheduled appointment. The exculpatory evidence was hidden. The plan had fruition; from beginning to end.


In Rod’s opinion, Doctors, Nurses to a certain extent, have a fiduciary duty to produce a clean and accurate medical record, free of error and false statements, not to produce misleading laboratory reports, not to disregard or not take appropriate patient history, and to recognize symptoms, order proper testing, provide proper mediation, that if not, may cause false diagnosis, failure to diagnose or misdiagnose, or injury to patient. In addition, any acts of “bad faith” or misconduct with malicious intent violate any trust and protections of privacy between such actors; Breach of Duty and Breach of Trust. A Doctor or Nurse acting in appellant law, instead of medical law, to cause adverse effects for the disabled or the non-disabled using the mention tactics, even falsely exploited appellant legal words usage in medicine like a person “claim” and “negative intensifier” sentence and word usage, the same violates such fiduciary trust and expectation of privacy that a Doctor or Nurse should hold; or the patient would become part of the cover-up and corruption themselves; not a reasonable expectation of society. The judiciary and fiduciary duty and trust have been eroded and the Doctor nor the Nurse should have no expectation of a person injured by such actions to keep it secret; that would be abusive and may be harmful to a patient. This subject matter of this case is different, but this case upheld this ruling authority and illustrative authority when a case lacked an expectation of privacy; but Rod is not a Lawyer, for legal advice you should contact a Licensed Attorney in Your State:

A Practical Guide to Appellate Advocacy, Third Edition, Mary Beth Beazely, Wolters Kluwer Law & Business, 2010 wrote on P. 191 – 192 about privacy:

“The Court’s Fourth Amendment jurisprudence demonstrates that the Minnesota Supreme Court’s ruling was erroneous. In order to invoke the Fourth Amendment’s protection, an individual must prove that he had a legitimate expectation of privacy.”

“Additionally, any subjective expectation of privacy Respondents possess is not one that society is prepared to recognize as reasonable in light of longstanding social customs that expectation served functions recognize as valuable to society. Minnesota vs Olson.”  U.S. Supreme Court Minnesota v. Olson, 495 U.S. 91 (1990)

War on Veterans. "March 2017 VA is planning on declaring over 500,000 Veteran applications for VA health care as incomplete and abandoned at the end of March 2017. These Veterans were placed in a backlog of nearly 900,000 (300,000 are Deceased Veterans) pending applications due to errors" 

By Pete Kasperowicz | February 22, 2017, 07:39 AM

P. 389 Fisher wrote, " The same problem arises with respect to evidence of "non-action" or "silence" when relevant as justifying inferences from the non-action of the individuals to his apparent belief and thence to the truth of that belief." (Fisher).

“'Quality Review' Isn't Fixing Veterans' Claims System.” Futurity, 20 Mar. 2019, www.futurity.org/veterans-benefits-appeals-2013242-2

""""New study turns the spotlight on governance issues that have plagued a cornerstone of the nation’s administrative system for years: rampant errors and a backlog of appeals cases involving veterans’ benefits."

Speed seems to be the basis for processing claims at the VA today, whether one of the officers was telling me in general or others to file less, fewer, documents and the claim process will go faster, the Website ebenefits.va.gov has an auto that continually tells you to file fewer document for a quicker decision, and the C & P examine is set up so you actually won't file many documents or provide much information; medical evidence. The only problem with this is "insufficient evidence" and "false evidence" in my case, and maybe others, would cause my claim, or maybe others, to be rejected or denied; because the VA Doctor actions required me to file a lot of documents to set the record straight, I was given two years before my claim decision will happen. And, ask for investigations of the ongoing corruption putting false statements in my medical records in additional filings. But, you only get one year to add or respond to, or give rebuttal information before the claim close for additional information. So, I requested FOIA File expedited to address rebuttal issues that are surely in the records. 2 years seem a bit long? The statute of limitation for many cases like these is 2 years; so this decision by the regional Central Processing Office, WI may be delaying a decision, so if all this misconduct does have an adverse cause, as it is intended, the Statute of Limitations on the actions themselves would have passed to seek redress through the court system.

If I recall correctly, and I am not a lawyer, from reading a few cases, if a person does not complain about corruption and false statements before the case decision is made, on appeal he may not successfully reverse the claim in some instances by then claiming corruption and false statements in the record. I think the record created before the decision, is the record that you can appeal, so if my record is "insufficient evidence" or "corruption" that is what I have still in appeals, unless I can show new evidence since the decision being made; I do not think, but not for sure, I cannot add evidence that was already available, and did not get put in by me, ebenefits.va.gov, VA or my Representative before the 1 year close date? I will ask a VA Appeals Lawyer before my case is submitted button close pushed, as my case is not submitted as a "fully developed case"; review my records and all information in the legal record, the C-file, FOIA-file, and request transcript of all testimony entered, maybe what a lawyer will tell me. Some Websites for Appeals and Cases that I have visited:

How did my C & P Exam Go?
I read some of the Law Blogs about his exam. Some said this exam was very important, and at the same time, many said unnecessary when there was clear evidence of an injury or disease in military and present injury nexus that was obvious and clear. But, neither were the reason I officially withdrew the Foot and Dental Claims "With Good Cause" before the C & P Exams by fax time-stamped before the hour of the appointments. I had to use a different, actually paid Service at the same instance, interval of time, confirmation was given, and not a busy signal from the same targeted fax number. On the day of the Foot Exam, Ebenefits.va.gov my ebenefits.va.gov account was jammed for the entire day up until at least 15 minutes before the appointment and the free fax service that I was using to send in a lot of faxes to the toll-free-number of the Central Processing Claim Center was as well blocked for the entire day with a too-busy message confirming none deliver of attempted faxes. Before and after that date, I have never gotten a busy single from maybe 30+ faxes sent. But, unlike mentioned above ebnenefits.va.gov show no pop-ups, no scheduled outages, no messages that I got for being jammed. There was nothing to copy and paste, nothing would go further than a little bleeping light which generally means working. Thus I could not upload my Nexus Statements nor Impact Statements before the first exam around 3:30 PM I think. My statements are several hundred pages each and I like an Examiner address the inconsistencies in the medical records. So with "Good Cause" which I waited as long as possible and with the rest of the corruption, I withdrew the two claims; but later submitted the 4 statements anyway; as I have never gotten any responses to any of my withdrawals. As prescribed at the link:
DOC]


Withdrawal of Claims - Veterans Benefits Administration - VA.gov

The Week Leading Up to the Exams:
Several People were involved: The C & P Examiner Company, Central Processing Claim Center & Ebenefits.va.gov Website, Doctor Asistores, and the Doctor from SW. My transfer to the SW clinic was suspicious from the start when they sent me a letter saying my transfer was accepted, but not for the reason on the 2019 request, but for the reason on an early request around 2015 or so when I requested to come to that clinic when I anticipated moving to that area. When I read the medical record from the Nurse on my visit, she misrepresented the visit, as I showed her a problem with a skin rash called Stasis Dermatitis had formed on a large part of my left lower leg which had pain in leg and knee, that she requested x-rays which showed problems with the bone and knee joint and I showed her my foot problem and gave her MRI, X-ray and forty medical Documents from stay at ER, which she mentioned nothing of; as well as the Doctor, which who I was told I could see that day, and then I was told that I could not see when the Nurse returned. The Doctor from, her supervisor as she was is direct nurse, signed the note several days later, on a Sunday night before the Monday C & P exam but neither mentioned any of this information. I went to the ER VA and talked to several good nurses that suggested several treatments after I could not see the Doctor; one suggested Vitamin E cream to help the scar go away, but it had turned back redder, and we talked and decided this should heal before I try to make the scar go away, so I declined that for then, and another suggested Zosyn treatment, as I said I would return back to the ER after the C & P because the latter treatment could take one day to medical Websites say may take 14 days. By Tuesday, The leg had improved so I did not return. On the day of the Exam, as I got a message the next day Tuesday, I guess, The VA Primary Clinic sent me, a notice that Doctor Asistores was still my Doctor and they had heard about my ER Visit, that did not get put in the records, I guess. I received it on Tuesday, but there was no gotcha moments and should not be any when dealing with a possible loss of a limb for non-treatment. At the same time as the Doctor from SW was filling my prescriptions Doctor Asistores was represented as my Primary Care Doctor in the Medical Records or messaging over a few months as she did not sign messages sent to her in medical records; maybe to show that she was not communicating with anyone on my medical team; but that does not mean that there was no communication because it does not show in the medical records. So, should I not consider the Doctor and Nurse at the SW clinic were acting in false pretense as my Primary Care Nurse and Doctor? I have seen the Doctors SW name show up in my medical records as of lately, April or so, and like Asistores, so has there been a recruit of “claim” and “negative intensifier.” He cannot really say anything negative, he refused to see me. So around his name came two Doctors that I was not sure about them being on my "good doctor" list because a couple of things that happened over the last six months or so; but I had not considered them part of this scheme. Around the time I contacted Congress, certified Secretary of VA, I sent three Doctors that I may, or would have to visit soon a letter explaining the corruption in my medical records to see if there were responses before I made an appointment with either how would they react explaining what their fellow Doctors were doing? One Doctor entered the record too had a "negative intensifier" so I filed complaints against them with Pharmacy and Prosthetic Supervisor about incidents that they were involved with. One Doctor wrote I cancelled her appointment which I did because 2018 was the first time I saw her and she was in sync with writing false information to comply with "Diabetes Mellitus without Complications" by writing in the medical records, by visually looking at my foot, not doing what was Standard Medical Procedure taking an, at minimum, an X-ray, if not MRI, to make such a decision, of no Osteomyelitis, Cellulitis, when I had a foot infection, and a long history of Osteomyelitis and/or cellulitis showing up with these infections. The other Doctor that showed up around about Doctor from SW name was a pharmacist who I had not talked to in about 4 months; the letter I sent him was returned as not able to read name, so the other Doctor mentioned must have contacted him, as he mentioned things that were written in the letter that he did not receive from me, then he called me three times as urgent to talk to me. I guess he needed to get a false statement in the records to. I generally have a long standing of not calling people at the VA from 2014 when they were using phone calls, which there was no proof of record of a conversation, to make false statements about conversations. So, I called the Doctor back, and he said he had not heard from me in a while, so I told him I was not talking to many people because of the false statements being put in my medical records. Surely, enough, his urgent call was to write a false statement about "Diabetes without Complications". What they needed him to say, as he kept talking about questions people, he never mentioned, wanted him to ask me. What the Doctor Pharmacist did was underwrite my prescription concerning diabetes and it was not working well to control with levels from 180 to 580; so we discussed increasing medication to a certain level, and if that did not work what the level would be. So, he put in the medical records that I was already taking the new level that he suggested without his permission; and he had not prescribed such a level. Well, after I read this in the notes, the second level was not working, so I tried the third that he suggested and actually it worked okay; with moderation for food intake. So, the erroneous statement he made is just that erroneous. But, it served the purpose of what they asked him to do, write a "negative intensifier." The third Doctor with name on the letter, was a long term Doctor, which I had not seen in a couple of years, and he had never written any false statements in my medical records, and he still hasn't; I have not heard from him.                                                                                                                                                       

In addition, another reason for not going to the appointment which was only a short distance from where I was; was that I had talked to 8 or 10 C & P coordinators on the phone, none of which seemed deceptive in any form, but very helpful, bending over backward to accommodate my needs, but one when questioned, even though the packets they sent out said no medical records could be hand delivered brought to appointments, she did say they, meaning who, I guess, the C & P examiner or the C & P company, if there is a difference, got information, personal records and such off ebenefits.va.gov. So, if I had no access on the day of the exam, that could be that they also had no excess to get additional information loaded on to ebenefits.va.gov and it would be too late to attend an appointment to find out they could not access any of your information, but the appointment would have still counted and no rescheduling at that point. I read a few Law Blogs and they said if a  C & P Examiner did not have access to your full record, and stated this in their report, it could be reason to deny your claim down the road; oh, they gave me a date two years down the road; before any appeals could be even started. So even if they may be a great company, processing more than, I think they say when you call, more than a million VA Examinations, the VA can manipulate the outcome by not providing them with information, omitting certain information, not providing a Doctor, but MBA or Nurse, so a claim that may have been rigged can allow the Doctor who rigged the claim to talk about what they rigged; maybe. So, the C & P Examiner can tell the truth about the information received; but it still could be a lie, false statement, false diagnosis, or wrongly denied-claim.

I filled out both DBQs for the foot and dental, most of the evidence is in the information in the documentary evidence that I submitted, 5000+ pages. I filled the entire forms out to go over with the C & P Examiner to go over their document to sign off on. I have taken dental X-rays in the last five years and submitted.

There is communication by Doctors, Nurses, and Administrators just by being in the same office area; the brush of an arm's length away walking in hallways or eating in the same dining commons; the Nurse at the SW said she was just at the VA Hospital for a meeting with others. Then they have an internal exchange messaging system, typed, like send text messages, where they all can communicate off the record and put whatever they want in the record; it's called an MRSP or MSPR or something another. I talked to several people on how it worked and got several different descriptions. One described it as, " you arrive at a consult with another Doctor, then your Primary Care and this Doctor may get on this system and say, 'I have your patient waiting, now what do you want me to do?'"


http://m.uscourts.cavc.gov/

“US Court of Appeals for Veterans Claims.” USCAVC Home, m.uscourts.cavc.gov/

https://www.blogs.va.gov/VAntage/48784/court-appeals-veterans-claims-typical-cases-brought-court/

Contributor, VAntage Point. “Court of Appeals for Veterans Claims: Typical Cases Brought before the Court.” VAntage Point, 23 May 2018,www.blogs.va.gov/VAntage/48784/court-appeals-veterans-claims-typical-cases-brought-court/

https://www.bva.va.gov/

Reddy, Madhu. “Board of Veterans' Appeals.” Board of Veterans' Appeals, 11 Dec. 2009, www.bva.va.gov/

Roots of Cases Already Adjudicated on google:

va.gov.vetapp


(2)    Citation Nr

Examples of Medical Malpractice according to the Board of ABPLA, Attorneys: 

"Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:
  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Unnecessary surgery
  • Surgical errors or wrong site surgery
  • Improper medication or dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Retrieved from: https://www.abpla.org/what-is-malpractice

    A Practical Guide to Appellate Advocacy, Third Edition, Mary Beth Beazely, Wolters Kluwer Law & Business, 2010 wrote on P 245, "In a 1994 case, a federal judge dismisZsing a complaint ordered a sanctions hearing for the plaintiff's attorney, noting that the attorney's mechanical errors were evidence of a lack of due care: [Counsel} continues to submit documents to this Court with grammatical error and misstatements..."repeatedly referred to his client as "he" instead of "she." Doctor Asistores calls her patients "He" when she should say "she" or vice versa. Styles v. Philadelphia Elec. Co., No. CIV.A93-4593, 1994 WL 245469, at *3 (E.D. Pa. June 6, 1994) (cited in Judith D. Fischer, Bareheaded and Barefaced Counsel: Courts React to Unprofessionalism in Lawyers'Papers, 31 Suffolk U. >. Rev. 1, 27 (1997)).

    Mission Act Quote:

    “A new law, called the MISSION Act, strengthens VA's ability to provide you with state-of-the-art care and services through a network of providers and cutting-edge technology. The law makes several enhancements to VA care that begin on June 6, 2019. With the MISSION Act, you will see VA continue to be a trusted, caring partner. We are focused on providing an excellent experience of care to you and the important people in your life. You'll see us expand our efforts to meet you where you are, with the right care at the right place and the right time - including through telehealth and in your community. To help you learn more about your VA health care options, we have created a booklet that provides information on:
  •   Enrollment and health care eligibility;
  •   Expanded community care eligibility;
  •   Accessing new Urgent Care benefits for minor illnesses;
  •   Information on how copayments and insurance will be used;
  •   Learning more about VA's access and quality standards and how those relate to you;
  •   Awareness of the complaints and appeals process for health care delivery.”

    Booklet at https://www.missionact.va.gov/library/files/MISSION_ACT_Community_Care_Booklet.pdf

    Top 7 Problems with Care outside VA in Las Vegas

    1) Morrison, Jane Ann, and Jane Ann Morrison. “Complaints Warrant Checkups on Doctors.” Journal, 18 Feb. 2017, www.reviewjournal.com/news/news-columns/jane-ann-morrison/complaints-warrant-checkups-on-doctors/

    "The Nevada Board of Medical Examiners had a backlog of 525 complaints at the start of 2015. An additional 1,078 complaints were filed last year — about three per day. "

    2) I talked to a Nurse who loved working at VA because care is based on injury, disease, and condition of the patient. But, she said after working 20 years in Las Vegas outside VA, everything is based on what care insurance wants or determine through a schedule you will get for your problem. For instance, you may be in physical therapy until results seen in VA verses outside care, they determine your problem and say you will get only three physical therapy visits that they will pay for. I do not know if this is true; this is just hearsay from what a Nurse told me.

    3) Recently in 2019, it was lunchtime, I was waiting in physical therapy to change an appointment probably to the fall because of the corruption going on presently. The appointment was non-emergent, I have to try out a machine, that I will complete later to get a type of machine that will help with leg circulation for edema and vein stasis. Anyway, the line built up to ten people in a short time. A very slow man was trying to schedule one patient two later appointments which took about twenty minutes. The fifth guy in line was infuriated. He was a Trump supported and wanted the VA closed down. He said he was already using the outside care system and they had cut his medications in half. He was very proud of this saying he did not need the medications according to his new Doctors. I just wasn’t sure that a person should be so happy that half of his medications which some Doctor thought he needed was now not available to him.

    4) Primary Care Doctor at VA is needed to scan your outside care into VA records; or there may be very little record of your care in the future at the VA. They may not scan them into your record of care.

    5) From some of the law Blogs: Rating, Compensation, disabilities review prefer VA Doctor Medical Records over outside care records. They do not use scanned in records or at least that was the impression they gave me by sending me release of medical records documents from outside care when they are mostly scanned into the system already.

    6) The Records Department, in 2018, sent my request of Documents to a disability review with not one full social security number on them. I know and am sure they know, and know you know, that without a Full Social Security Number, records are not reviewed and may be returned or discarded. Mine were returned after the review; not reviewed. Fortunately, I keep all my medical records on a USB Drive word document that is easily printable and always send in my own medical records and information. Always, keep at least 5 backups of anything on USB disk because the ends mess up and stop working at times.

    7) Under general circumstances, a VA Primary Care may have more weight at medical reviews than outside Doctors. So, I do not know how the flow of corruption would flow into outside Doctors from demands from VA Doctors from Southern Nevada Health Care System.


    Your Questions? Did you see an Opioid Pain Crisis at the VA? Before the Opioid Pain Crisis was not there a Tylenol Pain Crisis in which they were sued? Will Weed Marijuana be the next Pain Crisis? Have you ever used any types of Opioid for Pain and did you become an Opioid addict?  Is there a Pain Crisis at the VA?
    I have used pain medications at different times since a work accident around 2000, and I also had two major stomach surgeries, one was to remove gallbladder for gallstones over years, I still have kidney stones, herniated disk, DJD, and many other pain problems, surgeries with a bunch of staples. I have used over-the-counter and Doctor prescribe Tylenol or Acetaminophen, Tylenol with codeine, Ibuprofen or Motrin, Advil, Naproxen, or Aleve, and Tramadol, and Neuropathy pain medications, which is considered less potent than opiates but has a certain part opiate. The strongest opioid is fentanyl which, in its intravenous form, is 70 to 110 % times more potent than morphine and times that of just NSAIDs inflammatory drugs that I have taken. Yes, I have had chronic pain for over a decade, but never addicted to any pain medications or another. I have stopped intermittently at my own choosing and started back when the pain increased in doing certain work and certain exercise activities.

    I think some people exploited the fentanyl epidemic to attempt to move many Veterans off pain medicine because the pain was ruled against the VA by the High Courts in 2018 to be a disability. In my case, several at the VA wrote my long term chronic pain in my records and in modern medical science "painful" as now "no pain.'
    J
    Asistores MO, a Doctor stated a ROM exam was did on my feet in 2019, which one was never performed. I have over- rotation of the feet, which cause a decrease in range of motion, I also have toe, ankle, and foot range of motion upward and sideways with pain, and just by the disease and nerve problems and medication I take there is evidence that is required, medical and MRI, of pain according to medical science; and this Doctor with Asistores  or her Nurses MO, wrote foot no range of motion problems with no pain during range of motion; ROM> range of motion.

    For some reasons, during two disability reviews, Doctors moved me off of pain medication, and I had a hard time, getting refills, but just during disability reviews. This seemed to happen to Stanley Gibson, and many other Veterans that I have heard complaining and wanting to change Doctors because what I call was the exploitation of the fentanyl epidemic; not necessarily medications that had some opioid ingredients "pain law" epidemic.

    So, in 2019, Doctor Asistores, on the same day that Nurse attempted to disprove Sinuites and contacted her, Asistores sent me a letter that she was canceling Ibuprofen and putting me on Tylenol, which has been considered with long use, an addiction problem. So, I requested not to be associated with another addictive pain medicine, for anti-inflammatory Naproxen. It was the cigarette smoking correlation to addiction but through a different source of another drug other than nicotine. A Doctor had written a note during surgery periods that the patient, meaning I, had no addiction to Tylenol problems.

    It is my belief that Doctor Asistores was one of those people. You see when she wrote that lie about cigarettes it served several purposes. Another purpose, she is in her 50 probably, and well skilled in disability law; so she put up under the cigarette addiction allegation, a statement about my pain medicine Tramadol that I was using. She put it there to imply that I am susceptible to addictions, cigarettes, which I have never used and no Doctor in my 25 years at the VA has ever thought I was addicted to any pain medication. This law came out and she wanted to take me off pain medicine with an accusation of I had some other addiction as proof correlating with pain medicine addictions:


    “CAN I RECEIVE VA DISABILITY BENEFITS FOR PAIN? A SECOND LOOK AT SAUNDERS V. WILKIE”

    WEDNESDAY APRIL 25, 2018LAST UPDATED: MAY 23RD, 2018

    “As discussed in our previous blog post entitled “Federal Circuit Rules Veterans Can Get Disability Benefits for Pain”, the U.S. Court of Appeals for the Federal Circuit recently held that VA can award disability benefits for pain related to military service. Before this decision, the Court of Appeals for Veterans Claims had held that veterans had to have a diagnosed disability explaining the source of their pain in order to receive VA disability benefits. However, VA can now award disability compensation for a veteran’s undiagnosed pain if it is linked to an in-service event, injury, or symptom.

    This decision may affect both veterans seeking service connection and those seeking increased ratings for conditions that are already service-connected.”

    SERVICE CONNECTION FOR PAIN

    “Service connection is the way of showing that a veteran’s disability is linked to an in-service event, symptom, or diagnosis. There are three elements of direct service connection that a veteran should provide in order to receive VA disability compensation. Before the Saunders decision, in most situations, a veteran must have:

    A medically-diagnosed disability;

    An in-service event, injury, or disease;

    Medical evidence linking the current diagnosed disability to the in-service occurrence.

    The Saunders decision affects the first of those three criteria: a medically- diagnosed disability. VA can now award service connection for pain that lacks a specific diagnosis, as long as that pain is connected to an event that occurred or symptom that appeared while the veteran was on active duty. Additionally, if a service-connected condition aggravates pain, or is aggravated by pain, the veteran can be awarded benefits resulting from the pain. In all events, the veteran’s pain must cause functional impairment or loss: subjective complaints of pain are not enough to be awarded disability compensation.”

    RATINGS FOR PAIN

    “VA assigns ratings based on the functional impact from the service-connected condition. Functional loss or impairment is the inability to perform the working movements of the body with normal strength, speed, coordination and endurance. For orthopedic conditions, VA ratings are typically awarded based on the degree to which the veteran experiences a limited range of motion in the specific joint affected. For example, VA will look at whether, and how much, a service-connected low back disability limits a person’s ability to bend forward, bend backward, bend to each side, and rotate from the waist.

    With Saunders, it is now clear that a claimant does not need to show that his or her condition actually causes a loss of movement in the specific joint. Instead, a veteran may be able to get benefits for functional loss due to headaches or other limitations resulting from pain.  For example, a person who gets headaches from his service-connected neck disability should be able to be compensated for those headaches. As another example, a person with a service-connected back condition should be able to be compensated for problems sleeping, standing, lifting, sitting and walking, even though those kinds of limits may not be measured in the same way as problems with bending are.”

    “Chronic Pain is a Disability”

    “July 2, 2018/in Veterans /by Brenda Duplantis, Accredited Claims Agent

    In my April 2016 blog, I discussed how chronic pain has become prevalent in our Nation, and the chaos it is leaving in its wake with millions of people addicted to opioids.  In 2014, the Journal of Pain published a study estimating that 39 million people in the U.S. have persistent or chronic pain.  However, because chronic pain is subjective, it is very difficult to define unless there is an underlying etiology, in other words, a diagnosed condition that is causing the pain.  According to The Global Burden of Disease 2015 study, back pain is the second cause of years lost to disability worldwide, with ischemic heart disease as number one.  Pain, whether it is from the back, feet, knees any other part of the body when it becomes chronic can be disabling and it has a great impact on an individual’s ability to work and manage the daily activities of life.

    Chronic Pain and the VA

    The VA does not have a specific diagnostic code for chronic pain. In order to receive VA disability compensation for chronic pain, the symptoms causing the chronic pain illness must be based on a diagnosable pathology.   A Veteran is entitled to receive service-connected compensation for his chronic back pain if there is a diagnosed back condition, such as a herniated disc, or degenerative disc disease.  In turn, this diagnosed condition must be the culprit for the pain which in turn, among other symptoms, limits the Veteran’s range of motion.  In other words, pain alone cannot be considered a compensable disability.  For years, the VA has denied service-connected claims of impairment caused by pain alone, if the pain was not a symptom of a diagnosed condition or disease.  That is, not until a recent game-changer April 2018 Federal Circuit decision – Saunders v. Wilkie.  [Saunders v. Wilkie No. 17-1466 (Fed. Cir. 2018)]

    According to the VA’s code and regulations, basic entitlement for compensation must result from “personal injury suffered, or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty…” [38 USCS § 1110]”

    In 2016, this incident occurred and is in the medical records on these dates between my Doctor before Doctor Asistores whom I was also using Tramadol under:

    10/19/2016 Head Doctor of Internal MED on opioid, tramadol "may reduce a person’s pain enough for you to feel better to do more"   

                      

    10/19/2016 I had sent Doctor's Nurse a letter to ask Doctor decrease Tramadol to 3x to 2x

    10/19/2016 Doctor's Nurse responded in a letter that I could take 3, 2, 1 or none it said as needed

    Your Questions                                                                                                                                                                Doctors are acting like Lawyers manipulating Disability Law; so where are the Lawyers for the Veteran to equal the corrupt playing field of this network of Doctors and Nurses working together in the Las Vegas Health Care System?

    When I was searching for help to understand the filing system, I read many law blogs, and I believe, most, if not all, said they could help Veterans was a decision was main and an appeal made. I thought that odd because from my college studies, most appeals can be made on the evidence in the records, and if in many instances the system is set up not to put the correct information in the original record of the Veteran, then that is what he is stuck with on appeal. I was reading the Gulf War article how hard they were having in getting treatment and that there is some law or standing that Lawyers are not allowed to help Veterans in their initial file claiming. That seemed off to me with all the corruption that I have seen. A lawyer would not put up with this misconduct and take the necessary legal steps to stop it; probably is the main reason they are not in the initial process; errors would be reduced which seem to be an intentional thing denying claims. There is some probability that the Veteran will die or commit suicide before he fully appeals a claim.
    For that matter, the husband or for that matter, women Veteran suicides are up; and maybe a wife of kids; Denied Claim because of such suicides as an intentional condition.

    Your Questions?
    Las Vegas VA is a cesspool of liars? Why are the Doctors and Nurses so corrupt to make malicious intentional harmful statements in medical records? How do they cover up all the lies from the Good Doctors and Nurses? Institutional? Intimidation? Extra Bonuses? Someone has to tape-record every visit to be safe at this place?

    It is my belief that some Doctors and Nurses are programmed to accept and even act in this manner. Each Day, maybe, they see Nurses lie in the medical records writing how they Educated Patients that visit, at least this is how my visits generally go. I guess Nurses have a smorgasbord of pre-written things they can say, I think they are required to do this; they taught the patient. For me, the education very seldom is done in any Nurses visit, but only if I get my medical records, then is when I see what the Nurses said was taught to me. I assumed patients that do not get their medical records are really never taught any of this stuff. But, it keeps those at top happy, Nurses and Doctors see this, and as I do, know this is a lie. Some of these things are paragraphs to several paragraphs and calculate the time actually spent, the lie about education could have not happened. Now, one hospital I visited does this training in the medical records, but hey give you the education in the discharge notes; as well as Las Vegas VA ER, so there is the possibility of training in this manner. Primary care Doctors and Nurses can cure these lies, an expectation of one lying, by simple giving ever patient, like an ER, a discharge summary of their appointment on each visit.

    As the Nurse at the SW said she educated me on attending Primary Care appointments. I thought she was the Primary Care; so many of these Education Moments, in medical records maybe another way to manipulate claim denial. They write they taught you this smorgasbord of things that you never read, and then write in another note that you are not doing what they said in your medical records, but you never heard them speak a word of it to you, but the adjudicator does not know this or the C & P Examiner does not know this; they just looking for inconsistencies in your medical record to deny your claim if they are actively trying to deny your claim. So, this problem definitely needs correcting at the VA.

    Tape-Recordings?
    2 signs saying No tape-recording or videotape recording on premises according to some statute is what they taped to their front doors after my first visit. I had returned to the records department, and it seems like signs of guilt that they did not want anyone recording them, questioning them about the false statements and omitted things that the Nurse did at SW appointment. I never talked to that nurse again, well so far, and I have never talked to the Doctor. I do not think the people who wrote the statute or VA Rule had intentions for it protecting Las Vegas VA Corruption and not protecting the Veteran. Stanley Gibson maybe alive today if he could tape record of what corruption he was being put through. Applying Laws written to be administered by people conducting themselves not within the law; Banning Videotapes or Tape-recordings at Las Vegas VA maybe something heard by a Judge or even the Supreme Court under due process law.

    So, if they are doing nothing wrong, why would someone care if they are tape-recorded that they have to post two big signs on the front door, on both sides, of a VA clinic. Well, the Nurse misrepresented the appointment that I had with her terrible; so I assume they expected me to return to confront her about the issue, but something even more sinister was probable awaiting that they did not want tape-recorded, that goes back to cover-up. I have filed a lot of complaints and what they did, in my opinion, when they set up Stanley Gibson, as I suspect they did, with a similar confrontation, cut his medications, denied appointments, that he was removed from the VA Premises by VA Police officers. This kind of got rid of the newspaper writings and exposure to corruption at that time. I read about the Stanley case back in 2014, and suspected with all the evidence that I had gotten that they would plan the same setup for me and probably like this Nurse, came that day, so I went by the VA Police Room and requested that a police officer attend this appointment, last one with him, to deter any appropriate setups; so it did not work. The second setup came like this was with the outrageous statement about, "ambulating with a scooter" which I realized what was happening, I filed a complaint about the setup, which failed to mature because I did not allow it, by filing complaints with the Patients Advocates Office about the bad conduct of Doctor Gouin's Nurse. I also filed it with the records department. So, I know not to ever attend this Nurse again. The SW Nurse and Doctor were setting up the same since they posted they wanted no one to witness, or record, what was planned on my return. This is my belief from the evidence and past circumstances surrounding past similar events. It is only a matter of time before they get away with one of these setups, hopefully not, that I catch them again, but I am not generally a reactionary person to problems at the VA; but "a file-a-complaint-person." So, if you ever hear about this lie of me confronting someone at the VA; it never happened, it is setup, like the rest of the setups by a group of the deceptive and malicious network of individually working under the guise as Good Doctors and Nurses at the VA. But, Stanley Gibson had severe PTSD; and such actions should be criminal against doing something like this against people with severe mental disabilities. A person can't be compliant going to appointments when they know they are being set up; they do not want any tape-recordings, though. So, in my belief, in my case, there have been three incidents that look suspicious of attempting to coerce me out of my benefits, rating, compensation, or reviews, but were thwarted.

    Around January 30, 2019, how egregious, malicious, and of importance was that "scooter lie" and the 2017 "cane lie" to frame me with disability fraud as I saw it right away. Well, the network went to great lengths not to remove the lies about a scooter being present, nor the lie about the cane. Nurse Gouin set me up with the bit about the scooter to initiate a reaction. Near the end, Stanley Gibson Doctor was a lady, she did something, maybe wrong in his medical records, and even though she was at the VA, she refused to see him. Nurse Gouin told me she was sending her notes directly over to Doctor Asistores, which meant they would be available for me to get a copy after the appointment; knowing I check my medical records for errors. That was how I knew to go get a copy after the appointment that they would be available. "The Scooter" was to initiate a confrontation being so egregious, appalling, and outrageous. I brought the notes back and her Nurse said she would make sure she would correct the scooter. She corrected the ambulating, did not address there was no scooter which I had requested. I brought her corrected copy back and was told she was at lunch till I think 1 PM, or maybe Noon, but it seemed to be an hour lunch. I returned about a half hour before the appointment, to see if she was going to see me about the correction before maybe she had another patient, as four or five were waiting. One of the receptionist told Gouin's Nurse when she returned about 10 minutes till one about the scooter, and the Nurse said she already told Nurse Gouin. About, 5 minutes after patients started to go in, I asked the other receptions was she going to see me; she picked up the phone, and said probably not but I could wait, Gouin's Nurse came out about the same time and told me to "leave" and "You are trespassing." The frame was set up and they were not removing the "scooter", as part of the frame. Well, I was there on multiple business purpose, physical therapy, records, pharmacy, benefits office, etc, and knowing the law, I knew I was not "trespassing" but the confrontation would not originate. I would not let it but filed two complaints on the setup malicious intent. So, this "scooter" is no accident in the record. I filed a complaint with records, which ask exactly what you want the new addendum to say replacing the error. I wrote it specifically must say that the, somewhat like this, "The Patient had no scooter at the appointment." Nurse Gouin would never write this, she tangled the issue "ambulating" but not the scooter was not there. I talked to the lady that handles, she flipped through a dozen of so before she got to mine, these in records 30 days later, who said she sent a letter and email and Gouin had been non-responsive to either. I filed a few more complaints on the issue, and the Director of Records sent me a letter that an addendum had correct the mistake. But, it was the same correction made before I talked to the above-mentioned lady in records, it did not attach my original complaint which I stated must be said specifically. It never got changed. The Scooter never removed, or at least a statement that there was no scooter. The Scooter, and the cane, and the filament test were big parts of framing me with Disability Fraud. I knew this when I pursued the scooter removal diligently. The act was intended for intimidation and attempted to incite force against me; and adversely interfere with my compensation, ratings, and reviews. I went immediately to Patient Advocates Office and spoke to the Supervisor over the rest to verify that I was not riding a scooter. This still did not deter the change addressing "no scooter" at the appointment. From talking to Patient Advocates Office, they are very interest on keeping problems in-house, covered up and are at times powerless in dealing with this network at the Las Vegas VA; if they themselves, some, are just another part of the network in some capacity; the 3 Cs. I filed complaints with the Director of the VA Hospital and the Director of Records in 2018; the network actions intensified afterwards, 2018 - 2019. The 3 Cs.

    The Problem with the Trespass is that I did not react to it as they expect because a false statement had been written in my medical records by the Nurse in the ER who tried to disprove Sinusitis, and made several derogatory remarks, on the day she was in contact with Asistores, just before the scooter setup for the trespass anticipated happening. Following the Rules of Federal Evidence, as they are following by the book, they need a prior derogatory mark on the way I acted in some violent manner, "Motive Behavior: Combative" which no Doctor or Nurse has written anything similar in 25 years visiting the VA. Well, in 25 years at the VA, there is none. That became a problem like the filament test and something they had to get rid of: "the clean record at the VA for 25 years of no derogatory actions while visiting the VA." That is what the Nurse did in the ER, just before the "scooter" visit so the plan would work. Also, this is what the final nurse I saw at the SW VA anticipated because she also read the fabricated lie by the ER Nurse, January 2019. The SW did not want any tape-recordings or video recordings because there would be none, like the "scooter" miss; so I suspect they would create one like the Nurse in the ER; whom I did file a complaint with Patient Advocates Office for writing this derogatory statement; that maybe comparable to some kind of violent reaction at the ER in January. But, as I stated, non other written in 25 years at the VA. A fabricated lie which is impeached by the following legal writings:


    But according to Fisher, George. “Evidence, 3D / Edition 3|Hardcover.” Barnes & Noble, www.barnesandnoble.com/w/evidence-3d-george-fisher/1117356620 P. 457, “Impeachment by charging that the testimony is a recent fabrication or results from an improper influence or motive is, as a general matter, capable of direct and forceful refutation through introduction of out-of-court consistent statements that predated the alleged fabrication, influence or motive. A consistent statement that predates the motive is square rebuttal of the charge that the testimony was contrived as a consequence of that motive.” Huddleston v. United States, 485 U.S. 681, 688 (1988) (Fisher).

    Differently, prior to the fabricated statement by the Nurse, this act never was written in any medical records at the VA. They were attempting to manipulate and planned out this Rule for a Trespass: P. 247 "Distinguishing Proof of Character Under Rule 405 (b) Rule 405 (b) provides: When a person's character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person's Conduct. (Fisher).

    They had to prove this trait by fabricating a statement prior to the "scooter" attempted trespass event. P. 248 Fisher wrote, "So when does Rule 405 (b) apply? Only when the existence of the character trait ---and not conduct in accordance with the triat --- is the thing to be proved." (Fisher).

    Sarazan, Asistores Primary Care Office is just across the hallway from Nurse Gouin, located in Dermatology. The last times I had visited dermatology I had seen Doctors. I thought she was a Doctor as I was referring to her as Doctor in complaints. So, here was actually a Nurse, who had another Nurse, I guess her Nurse, acting like a Doctor-Nurse relationship. Why did I need to see two Nurses? Maybe no Doctor would participate? (Speculative). 


    Framing someone is usually done by Habit of a person. This is why three times failed because Sarazen, maybe Asistores, and Nurse Gouin seen this play out with other Veterans; habit. Maybe, Stanley Gibson had these habits; but my 25 year medical record at VA has no derogatory statements about violent behavior or bad conduct at the VA. So, this habit that they anticipate fails. They had to fabricate one statement in my medical records, January 2019.

    It is my belief, the Second Statement that impeaches the ER Nurse fabricated statement is on P. 253, as Fisher wrote, “Because one who has demonstrated a consistent response under given circumstances is more likely to repeat that response when the circumstances arise again, evidence of habit has, since the days of the common-law reports, generally been admissible to prove conformity on specified occasions.” His second statement on Habit, “At least, as in this kind of case, where the issue involves proof of a deliberate and repetitive practice, a party should be able, by introducing evidence of such habit or regular usage, to allow the inference of its persistence, an hence negligence on a particular occasion…” but my 25 year medical record at VA has no derogatory statements about violent behavior or bad conduct at the VA. So, this habit that they anticipate at the VA fails again to repeat itself, because the first was fabricated. They had to fabricate one statement in my medical records, January 2019, and the set up for the third try was eminent from the evidence.

    I am not a lawyer, but the law guiding his Hypothesis is NRS 207.190 Coercion:

          1. It is unlawful for a person, with the intent to compel another to do or abstain from doing an act which the other person has a right to do or abstain from doing, to:

          (a) Use violence or inflict injury upon the other person or any of the other person’s family, or upon the other person’s property, or threaten such violence or injury;

          (b) Deprive the person of any tool, implement or clothing, or hinder the person in the use thereof; or

          (c) Attempt to intimidate the person by threats or force.

          2. A person who violates the provisions of subsection 1 shall be punished:

          (a) Where physical force or the immediate threat of physical force is used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

          (b) Where no physical force or immediate threat of physical force is used, for a misdemeanor.

    6.03 Jurisdiction and Venue

    “Jurisdiction is the power of a court to hear a case and render a valid decision,
    while venue concerns the  place where a case may be filed or tried. In criminal cases, the Constitution requires that "such trial shall be held in the state where thee said crimes shall have been committed.  ." U.S. CONST. art. III 2, cl.3.”


    (Podger, Henning, Taslitz, and Garcia P. 222)

    Records Department and Records
    I talked to one Records Department supervisor and she said she generally does not give Nurses Notes out when someone request their records. Well, that hurts the Education notes being read and people recognizing errors in the Nurses Records. But, this also standard at another outside medical facility. So, I always request Nurses Notes. But, the manager then gave me the reason why she does not give out Nurses Notes as the Nurses Notes just is basically a copy of what the Doctor wrote; and I thought that was furthest from the truth of why not to give someone Nurses Notes. The Nurse Notes:

    “Tips for Writing Quality Nurse Notes.” Fastaff Travel Nursing, 21 Aug. 2014, www.fastaff.com/blogs/tips-writing-quality-nurse-notes

    "Taking accurate nurses notes is one of the most important parts of caring for a patient. Nothing matters more than providing clear and detailed information about a patient's condition and their symptoms on their chart. Your observations make it easier to determine what medical treatments a patient needs without serious mistakes being made. You should keep in mind a few core guidelines when you write notes on any patient: Always use a consistent format: Make a point of starting each record with patient identification information. Each entry should also include your full name, the date and the time of the report. Keep notes timely: Write your notes within 24 hours after supervising the patient's care. Writing down your observations and noting care given must be done while it is fresh in your memory, so no faulty information is passed along. Use standard abbreviations: Write out complete terms whenever possible. If you must use an abbreviation, stick to standard medical abbreviations familiar to other nurses or the attending physician. Remain objective: Write down only what you see and hear. Avoid noting subjective comments or giving your own interpretation on the patient's condition. Note all communication: Jot down everything important you hear regarding a patient's health during conversations with family members, doctors and other nurses. This will ensure all available information on the patient has been charted. Always designiate communication with quotation marks. Ignore trivial information: Everything included in your nurses notes should directly relate to your patient's health. Do not note information on your chart that does not pertain to their immediate care. Keep it simple: Notes are not meant to be a work of art. They are designed to be quickly read, so nurses and doctors on the next shift can be caught up to speed on a patient. Focus only on specific information relevant to symptoms you are charting. Do not go into depth on the patient's medical history. Write clearly: When you do handwritten notes, make an effort to keep your handwriting clear and readable. Illegible handwriting can lead to a patient receiving the wrong medication or an incorrect dosage of the right medication. This can have serious, or even fatal, consequences. Standard nurses notes usually include an opening note, middle notes and a closing note. In these notes, you should note any primary or secondary problems a patient is experiencing. Record things like blood pressure, heart rate and skin color that can offer insight into these issues. Make a record of any assessments you have administered during your shift. Indicate if more tests are needed and include a probable diagnosis of their condition. Always note what medications the patient has been prescribed. List all medications the patient has been given, along with dosage and how the medicine was administered."


    Another placed that some Nurses, and some Doctors, are programmed to lie is when they do not want to take the time or do not have the time to research your medical records as answer your common problems by guessing the answer; as I have experienced in my medical records, they call it observation, if they can really do that with these things, this generally happens with answering such things as muscle-skeleton problems, gastro problems, range of motion chronic pain, they think if your face does not look like one of those big-head face pain chart people expression that it signifies no pain, when chronic pain people laugh when they are in pain, people with depression laugh when they are depressed; no, they do not ask the patient this directly, not me, majority of time, but always answer these. So these things usually guessed at as "none" but this is a 50/50 lie that medical records, my medical records, over the years, have to deal with, this inconsistency in the medical records because they never asked for a definitive answer; which may give medical records more consistently. In 2019, I answered all the questions that they seldom ask in the VA ER and gave the Nurse the answers and requested that she did not make any mistakes in answering those question because the last person had made so many; she said she was not reading all that; but neither did she answer the questions. That was fine with me. Many of those questions should not be answered, if not answered correctly, because many of them cover long term and chronic medical problems. One male Nurse that had connections, and listed the connection in the notes, to the person who set up the first incident in 2017, intentionally wrote this section as his on personal "filament test" to write obvious problems I have throughout my medical records as "none." The plan that Fruition, 2017 through 2019.


    “Is VA Misleading Veterans About 'My HealtheVet' Medical Records?” DisabledVeterans.Org, 2 Dec. 2017, www.disabledveterans.org/2015/04/06/va-misleading-veterans-healthevet-medical-records/

    "You are probably not getting all your medical records if you rely on the My HealtheVet VA Blue Button option. Instead, you need to file a Release of Information records request or Privacy Act request for “any and all medical records.” I personally compared the exact same entry comparing a VistA Progress Note to a My HealtheVet VA Blue Button VA Note. The VistA version was 1,739 words compared to 583 using VA Blue Button option. And, lots of adversarial information was excluded from the VA Blue Button option. If you have relied on VA Blue Button for a full and accurate medical record, you are being fooled and given only a partial picture of your medical history. Read on to learn more. Many, many veterans write in about what their VA Blue Button medical records include. They presume everything VA has on them is accessible through the VA Blue Button option if you have a “premium” account. They believe it because that’s basically what VA says in person and on the website, MyHealth.VA.gov. But when we get additional records using other methods, like a Privacy Act request, they get pretty pissed pretty fast. RELATED: Sample Privacy Act / FOIA Request Should we be surprised? Do you think VA ever wants you to know exactly what information they have gathered on us? Due to this prolonged deception, I decided to do something to help dispel the myth. I used a real-world example to figure out just how different my real records are from my VA Blue Button records using my own VistA records as an example. VistA is the database VA uses to contain your full VA medical records. What I have learned is My HealtheVet gives us a very truncated version of those records and even contains inaccuracies never mentioned in VistA Progress Notes. Here is how my audit went using my own records. In particular, I selected a note where the medical records I received directly from the Minneapolis VA Medical Center contain numerous false, unscientific or misleading statements about a denial for health care services I received almost one year ago. Here is some background on the issue in those notes. VA wanted me to submit to yet another neuropsychological evaluation. My civilian psychiatrist believed it would be a waste of time and told me not to do it. VA demanded I submit but refused to explain what tests they would perform. As an attorney, I know this is bizarre, and I refused. VA then refused to help me even though the test results were only remotely related to the services I was seeking given the copious amounts of data VA already possesses about me. During the audit, I conducted a side-by-side comparison of my medical records. The first were Progress Notes from VistA that I received following a Release of Information request in person. I then downloaded VA Notes from My HealtheVet VA Blue Button using my supposed “premium” account. RELATED: How to use FOIA to get a copy of your records When compared, the note I received using the Blue Button option contained 583 words. The same Progress Note from my Release of Information request contained 1,739 words. Does something seem fishy about that to you? When I looked at the specific differences, the note from My HealtheVet did not contain the derogatory comments from VA health care providers that were contained in the Progress Notes from my VistA records. The VA Blue Button also included comments about a “patient advocate” and “pain management.” These terms were nowhere to be found in the VistA Progress Note. If I did not know about the derogatory and false statements, I would not know to appeal the errors using the Privacy Act. I further would not know to file a clinical appeal about the decision to not provide the services I requested. According to MyHealth.va.gov., a veteran with a “premium” account is led to believe he or she will have access to “key portions of your VA health record” including VA Notes, VA Medical History, etc. The problem here is we let VA decide what the key portions are. Making matters worse, VA is constantly working to erode our ability to access our own records. Back in October, VA decided to restrict our own access to Compensation & Pension evaluations after an exam. Only until sometime after VA decides your case will you have access to your own medical records.


    Your Questions?                                                                                                                                                                I believe the above stated was "The Agreement" The Original Conspiracy, that Fruition over time, with secondary plans, all connected to "The Agreement" one that was initiated from 2017 - 2019.


    The plan had four main players according to the medical records; conspiring in plain view.

    My first visit was rigged with misconduct before I entered the building. It was between three Doctors and one Nurse according to the medical records. 

    1)The Agreement, in 2017, The Doctor in the ER made a false statement "negative intensifier" by leaving out that I told him that I reduced my medication because of stomach pain; a lie through omission of a material fact. It is in medical records where a Doctor and Nurse said I should do so in the future when such problems occur. The Doctor in the ER is the same Doctor that oversaw the X-ray in 2019 that was fudged by omission of a material fact of what X-rays can successfully read. So, he is the Doctor, according to the medical records, but Doctors do not have to speak in the medical records when planning something as such. So, he contacts the Ortho Doctor that wrote the false statement in my medical records "negative intensifier" in 2014; the only time in life seeing her was then.

    2)The Agreement, the Doctor in Ortho is second in charge over my ten year foot Doctor; but she does not schedule an appointment with him, he was there and even seemed concerned and walked into the appointment to check on me, because he will not write a false statement in my records, he never has for 10 years, not even up to 2019, like the nurse, she indirectly states how "uneducated that I am" by stating I said I attended some medical school class that I have never heard of, but it sounded like an erroneous college medical class when my major was business and law and it was a medical school college class. So, the second time only seeing her she fulfills my medical records again with false statements about I do not know how to take care of trimming my toenails; again, insinuating that I am "uneducated" with a "negative Intensifier" when other Doctors have said that I am especially skillful in such; her lie was easily disprove; as I did in complaints by testimony from other Doctors already in the records. But, it shows her malicious intent to corrupt the medical records as many are skilled at since this has been going on for over a decade. The Doctor also imported as Asistores did; the "Diabetes Mellitus without Complications" statement as her intent. Only two entries in my medical records and they both have false statements in them; 100% malicious.

    3)The Agreement, the third was Doctor Asistores Nurse, first time seeing me, wrote in the medical records that I walked/ambulated with a cane. A year later, she was the same person that wrote the false statement about the filament test being normal.


    4)The Agreement, then, that leads to the fourth initial person in the original conspiracy in 2017; Asistores wrote false statements with the plot of proving through fabricating and planting false evidence about "Diabetes Mellitus without Complications" in my medical records that I told her I started smoking and importing the same document as Conspirator 2 into my appointment that stated, "Diabetes Mellitus Without Complications." 


    In 2019, the four initial people in the conspiracy work had evolved to lie about "Diabetes Mellitus without Complications." March 2019, I requested a new Doctor and I wrote on the request document; that the Doctor Asistores is connecting many people to corruption; she stopped signing documents sent her by Nurses mainly in the medical records; the paper trail she was leaving in the medical records, she was not taking part in any more; that is, from the medical records.

    Morrison, Jane Ann, and Jane Ann Morrison. “Complaints Warrant Checkups on Doctors.” Journal, 18 Feb. 2017, www.reviewjournal.com/news/news-columns/jane-ann-morrison/complaints-warrant-checkups-on-doctors/

    "The Nevada Board of Medical Examiners had a backlog of 525 complaints at the start of 2015. An additional 1,078 complaints were filed last year — about three per day. "

    “Disciplinary Actions.” DisciplinaryActions, medboard.nv.gov/Patients/Disciplinary/DisciplinaryActions/


    T Nevada State Board of Medical Examiners is the state governmental agency which licenses and disciplines medical doctors (M.D.s), physician assistants (PA-C), practitioners of respiratory care and perfusionists. It is comprised of nine members: six are physicians actively practicing in Nevada, and three are public members, and all are appointed by the Governor."" Health Profession Name & Website Link Phone No. Nevada Board of Examiners for: Audiology & Speech Pathology (775) 787-3421 Nevada State Board of: Chiropractic Examiners (775) 688-1921 Dental Examiners (702) 486-7044 Homeopathic Medicine (775) 324-3353 Marriage & Family Therapists (702) 486-7388 Nursing (702) 486-5800 Optometry (775) 883-8367 Oriental Medicine (702) 675-5326 Osteopathic Medicine (702) 732-2147 Pharmacy (775) 850-1440 Physical Therapy Examiners (702) 876-5535 Podiatry (775) 789-2605"

    Your Question?                                                                                                                           Why haven't they stopped the corruption at the Las Vegas Veterans Hospital? Does not Las Vegas Veterans Care System acts hurt people? Does not their acts possible kill people?  Will I be one of the 300,000 dead with a claim pending, or Stanley dead with a claim pending, or will that missing blood vial show up one day contaminated to meet my death in a hospital; or those severe headaches return when I first started filling complaints against Asistores? One medication that I was using, all of sudden was giving me severe headaches for over a month, by the Grace of God, I had a disagreement in the new way they wanted to ship it, it delayed for several weeks, the severe headaches stopped, I put a permanent hold on the medication; the severe headaches stopped. Will my next visit to the Doctor for a toothache, what I saw Asistores for, on my first visit with her, be my last? Sorry, I am Southern Baptist Christian, I do not believe in suicide, but many of my military brothers have gone that rode; suicide or maybe, giving the below police an equal field, suicide by Cop was also possible. It's malicious when these suicides may be induced by care and then the family loses its right to a lost one when the wife files a claim to support her lost one. But, the jury found it at least negligence guilt and Mrs. Gibson was somewhat compensated, but not for his military service, but for those that caused his senseless death.

    It is my belief that Gibson was killed as a whistle-blower against the VA corruption in Las Vegas Health Care System by a military rifle when he was boxed in one dark night in a secluded neighborhood when he was scared to put his window down for some reason, boxed in that he could not maneuver his way out, scared as he was, seeing a police officer getting out a military weapon that would shoot him in the back seven times? Maybe, he knew what was about to happen as a Veteran? Was the military rifle another message from corrupted medical records?

    It is my belief that Gibson and I had one thing in common, no not PTSD, I do not have that, Doctor Sarazen was a high administrator, during this corruption in 2011 when he spoke on behalf of Stanley, if the article date is right, the corruption was severe eight to ten years ago, as Sarazen spoke in the article, Sarazen was my Doctor, as he signed several times in my medical records at the time around 2014, with an intern, whom I was told he was head person overall interns at the time, and another Doctor around 2014, when the severe corruption of medical records started in my case with the intern as My Primary Care Doctor, but not the other Doctor who allowed me to write a 12 page statement addressing the high number of false statements put in my medical records under this new Primary Care Intern, my health and scanning the 12 page document in the medical records into the official medical records at the VA. From what I was told from Primary Care, Sarazen was a high administrator, and in the same department, VA Primary Care, as Doctor Asistores, at the VA Hospital when the corruption occurred in 2017 through 2018 from what I am told from Primary Care at the VA Hospital, but he was part-time switching some duties over to another Doctor (s) which possibly means the corruption of today is probably the same corruption covered up yesterday; past 10 years counting the two nurses corrupting my medical records mentioned above.

    So, there was three Primary Care Doctors in a row to write false statements in my medical records to attempt to prove the false "Diabetes Mellitus without complications" in an attempt to disconnect it from being service connected, which it is. The Intern said my mother had diabetes which was false to try to say diabetes came from my mother instead of the disease that I had symptoms of in the foot and a "weight waiver" that I signed for the last few years in the military. She wrote many false statements and I told her that I thought she was doing it intentionally. She wrote a correction in the statement on my next visit; but she did not amend the false statement so one that read the false statement would also read her correction underneath. So, my next Primary Care Doctor, number 2, took over Sarazen's spot over interns. He did detailed physical and detailed every problem I had in the Doctors Notes, other than the ones he states that he did not ask, so did not answer, I was satisfied with the Doctor at the time, I only saw him twice, until 2017 when I saw he had put the false statement "Diabetes Mellitus without Complications" on the top of my problems list, that listed several "complications of Diabetes" that I had for years, which meant, in my opinion, after everything fruition that the next Doctor, maybe they had talked to him, whoever they are, would have to disprove all those things underneath "Diabetes Mellitus without Complications" to prove "Diabetes Without Mellitus" in the foot, but they did not know about the "Weight Waiver" which connects Diabetes to Obesity in Military, also. As I said above, the second Primary Care Doctor wrote his alibi for making the statement, "Diabetes Mellitus without Complications." Under Doctor Sarazen, the first Primary Care Doctor had an alibi as being an intern that did not take notes well. But, Doctor Asistores, the third Primary Doctor actually, it seems, carried out a plan from the beginning of my first-day visit until May 2019, where the plan, as it appear there was, while she was my Primary Care Doctor, involved many participants; fruition. It is my belief, the second Primary Doctor's Notes were misused by the third Primary Care Doctor and many others.


    Wall Street Investors are making record profits from Globalism, but there is not enough to pay the ones that volunteered to die to continually protect such interest around the Globe and American when they become disabled; which takes more than a donated wheelchair, treatment, with so many living homeless in the streets of America because they have been denied, many cheated maybe, out of what the bargain was for when they volunteered to Die for Americans, around the Globe, Very Special People because many would never agree to such terms not to be protected when they have some disabilities or disabled, protecting those, that fail to protect them:

    -------------------------------------------------------------------------------------------------------------


    War on Veterans.  Institutional Toxic environment, falsifying Documents, lies, retaliation by Doctors, Nurses, and Administrators were at the VA during the Obama Administration against Veterans with Disabilities? But, with Trump Administration, many of these employees whom are not Veteran, and Veterans against Trump supporter Veterans, have become more hostile and retaliatory toward many Veterans; these things have increased at the Nevada Health Care System and maybe others:

    P. 389 Fisher wrote, " The same problem arises with respect to evidence of "non-action" or "silence" when relevant as justifying inferences from the non-action of the individuals to his apparent belief and thence to the truth of that belief."


    One Hispanic View On Veterans:

        Lake, Eli. “Napolitano Stands by Controversial Report.” The Washington Times, The Washington Times, 16 Apr. 2009,www.washingtontimes.com/news/2009/apr/16/napolitano-stands-rightwing-extremism/

          [Under Obama] "Homeland Security Secretary Janet Napolitano said Wednesday that she was briefed before the release of a controversial intelligence assessment and that she stands by the report, which lists returning veterans among terrorist risks to the U.S. In her statement Wednesday, Ms. Napolitano defended the report, which says “right-wing extremism” may include groups opposed to abortion and immigration, as merely one among several threat assessments."

    I was emailed by the following Senators; but I have not yet responded.
    2019 Senator Jacky Rosen
    2019 Senator Catherine Cortez Masto


    But, first, what is a solution to what may have involved into a racket in the VA? Probably a military strategy. It is my belief, Active Duty military would have to replace the two sections that may allow this corruption to continue; generally the records department and the Patient Advocates office. Where trouble exist, or maybe throughout the entire VA, they would have to be replaced from top to bottom, with active duty TDY rotations of 6 months not to allow them to become entrenched in local corruption, intimidation, or retaliation, from Senior Administrators at VA or in Congress. In Las Vegas, a portion of Doctors and Nurses are foreign exchange students, maybe from Countries that are anti-American, and maybe some in a local community that are anti-American, anti-pledge, anti-American Flag, Pro-Mexican, Pro-Hispanic, or Pro-other-than-American, so it is likely that some may take an interest in sabotaging Veterans medical records; anti-Veteran. Each day they grimace a smile to say "thank you for your service" because they want the benefits, pay, and status of working at the 6th best place in the nation. They care about Benefits; not so much Veterans. I do not remember so much corruption when Veterans were allowed to attend a military Hospital in Las Vegas, Mike O'Callagahan Military Medical Center. Today, Veterans have to be invited on premises just to get medical records. Next, new people have to be appointed replacing the ones in Congress that has allowed this to Continue over the last decade; Ostrich Head in the Sand Defense, is no defense.



    Time to Write a Dying Declaration. 300,000 Dead.

    Was there 300,000 dead before their claims resolved? After 2016, till 2018, 250,000 radiology orders cancelled, many without Doctor or Patient Notifications, cancer grows rapidly. A slow, but swift and certain doom. I am doomed. I leave behind a legacy of knowledge to act upon. Maybe 300,000 dead before their claims resolved. As I write this, after filing a complaint with Doctor Kim Main Supervisor at VA Hospital Las Vegas Pharmacy about ongoing corruption, my medication are sent with partial address, I am sure there is an excuse, but realizing there is someone tampering with my medication delivery, maybe to put a hold on my medications, as they changed the delivery service of another medication, been the same over the last couple years, carrier that generally does not deliver to my address, again, a return would mean a hold on shipping all medications; but my mail carriers are excellent that I received them anyway. If I should ever become “unavailable as a witness” doomed by the system of lies as excuses, giving voice to my beliefs with specialized knowledge of the moment speaks. In State v. Beauchamp, 333 Wis. 2d 1, 9-10, cert. denied, 132 S. Ct. 814 (2011), it was written, “The reliability of evidence is an issue for the trier of fact, and the assertion that some dying declarations may be unreliable cannot justify the per se exclusion of such potentially valuable evidence.” Improper Diagnosis can occur without proper radiology testing and thus cause claims to be denied or Nexus not formed when dealing with Service Connection of Injuries. One person’s rating, mine maybe, may be strategically reduced by not allowing proper testing. The permanent damage already done. Surely, I will be 300,001.

    Slack, Donovan. “'I Knew Something Was Not Right': Mass Cancellations of Diagnostic Test Orders at VA Hospitals Draw Scrutiny.” USA Today, Gannett Satellite Information Network, 1 Oct. 2018, www.usatoday.com/story/news/politics/2018/10/01/va-hospitals-cancellations-diagnostic-exam-orders-draw-scrutiny/1424298002/.

    “Cancellations of more than 250,000 radiology orders at VA hospitals across the country since 2016 have raised questions about whether…Those hospitals are in Tampa and Bay Pines, Florida; Salisbury, North Carolina; Cleveland; Dallas; Denver; Las Vegas; and Los Angeles.” “Employees estimated they canceled thousands of radiology orders without checking first with doctors or patients, according to depositions in a discrimination lawsuit brought by four ultrasound technicians. Those technicians told USA TODAY they worry veterans may have gone months, if not a year or longer, before they or their doctors realized tests weren’t performed – if they realized at all. Technologist Erin Tonkyro noted that risk factors for many veterans are higher than for other patients. “Cancer grows very quickly,”

     “St. Michael's Hospital.” MRI - Medical Imaging - St. Michael's, www.stmichaelshospital.com/programs/imaging/mri/faq.php.

    “This technology is important because MRI scans illustrate more clearly than ever before, the difference between healthy and diseased tissue, and can provide important information about the brain, spine, joints and internal organs. It can lead to early detection and treatment of disease and has no known side effects.”

    News Articles: Fisher Wrote in his Preface vi, "Mix it Up:But rules and caselaw are not all of law. Other sources ---- new articles, journal articles, behavioral and scientific studies inform law and are informed by it."


     "https://www.washingtonexaminer.com/whistleblower-va-about-to-trash-hundreds-of-thousands-of-veteran-applications" HYPERLINK "https://www.washingtonexaminer.com/whistleblower-va-about-to-trash-hundreds-of-thousands-of-veteran-applications" HYPERLINK "https://www.washingtonexaminer.com/whistleblower-va-about-to-trash-hundreds-of-thousands-of-veteran-applications"These Veterans were placed in a backlog of nearly 900,000 (300,000 are Deceased Veterans) pending applications due to errors" 

    By Pete Kasperowicz | February 22, 2017 07:39 AM

    O'Neel, Danny. “I Survived Combat in Iraq and a Suicide Attempt at Home. But Many Veterans Aren't so Lucky.” USA Today, Gannett Satellite Information Network, 16 Jan. 2019, www.usatoday.com/story/opinion/voices/2019/01/16/veteran-affairs-suicide-military-iraq-war-column/2580957002/

    "One 51-year-old Persian Gulf War veteran set himself on fire in front of a New Jersey VA clinic after a canceled appointment. Another veteran shot himself in the waiting room of a VA medical center. A 76-year-old vet shot himself in the parking lot of his Long Island VA facility because "he went to the ER and was denied service," as a hospital employee explained to The New York Times I avoided becoming one of the 20 veterans who kill themselves every day in this country. Danny O'Neel, an Iraq War veteran, is a speaker on suicide prevention, PTSD and mental health for the Independence Fund. "


    Rogers, Keith, and Keith Rogers. “Loved Ones Recall Vet's Struggle with PTSD.” Journal, 26 Feb. 2017, www.reviewjournal.com/news/loved-ones-recall-vets-struggle-with-ptsd/

    By Keith RogersLAS VEGAS REVIEW-JOURNAL December 21, 2011 - 2:01 am

    “Suicide by Cop.” Wikipedia, Wikimedia Foundation, 31 May 2019, en.wikipedia.org/wiki/Suicide_by_cop.

    "Suicide by cop or suicide by police is a suicide method in which a suicidal individual deliberately behaves in a threatening manner, with intent to provoke a lethal response from a public safety or law enforcement officer.[1]"

    “How a Veterans Willful Misconduct Can Block VA Benefits.” Veterans Law Blog, 5 Oct. 2016, www.veteranslawblog.org/veterans-willful-misconduct/

    "Example #5: Suicide may be “willful misconduct”. While on leave, a Marine played Russian Roulette with a .38 caliber. He died from a gun shot to the head. The BVA denied his spouse’s claim because he wasn’t suffering from an unsound mind when he pulled the trigger."


    Daily Kos asked who killed Stanley? Would the above be enough duress to drive a man with PTSD over the edge; suicide or suicide by cop or the 

    Westervelt, Eric. “For VA Whistleblowers, A Culture Of Fear And Retaliation.” NPR, NPR, 21 June 2018, www.npr.org/2018/06/21/601127245/for-va-whistleblowers-a-culture-of-fear-and-retaliation

    "Hyde is both a patient and a former employee at the Central Alabama Veterans Health Care System in Montgomery. He supervised employees who took vets for treatment outside the VA. Hyde was fired after six months for unspecified misconduct. He is among dozens of people who say they faced vicious retaliation when they tried to improve conditions there or hold managers accountable." "More than 30 current and former VA employees spoke to NPR. They include doctors, nurses and administrators — many of them veterans themselves. All describe an entrenched management culture that uses fear and intimidation to prevent potential whistleblowers from talking."

    Spears, Darcy. “VA Staff Speaks out about Health Care.” KTNV, 30 Apr. 2019, www.ktnv.com/news/investigations/va-staff-speak-out

    "The VA Southern Nevada Healthcare System is ranked by federal regulators as a two-star facility. That's out of five. Veterans say it's earned that low ranking based on long wait times and missed diagnoses. VA staffers, including numerous doctors, describe a culture of fear and retaliation for those who dare question administration. Though the VA calls these allegations "completely false to the point where airing them would be irresponsible," we disagree. We believe everyone needs to be heard, and these are their stories. Medical”

    “Report: Veterans Affairs Falsified Wait Times, Thousands Impacted.” DisabledVeterans.Org, 19 Mar. 2018, www.disabledveterans.org/2018/03/20/veterans-affairs-falsified-wait-times-thousands-impacted/

    "The Department of Veterans Affairs was just caught falsifying wait times for almost one thousand veterans who were wrongfully denied Veterans Choice Program access."

    Devine, Curt. “More VA Employees Said They Were Told to Falsify Data - CNNPolitics.” CNN, Cable News Network, 30 July 2014, www.cnn.com/2014/07/29/politics/va-audit/index.html

    "Roughly half the schedulers at multiple Veterans Affairs hospitals said they received instructions from supervisors to falsify data and hide the true time it took patients to be seen by a doctor after making an appointment, new details from an internal VA audit show. Schedulers said supervisors directed them to manipulate information so their centers could meet performance goals, which would help top officials get bonuses, according to documents obtained by CNN."

    Charlie, Lima. “At L.A. VA Hospital, Toxic Culture and Mismanagement Puts Veterans On The Street, Doctors Say.” Lima Charlie World, 25 Mar. 2019, limacharlienews.com/va/los-angeles-va-toxic-for-veterans/

    "At L.A. VA, Toxic Culture and Mismanagement Puts Veterans On The Street, Doctors Say Published on March 27, 2018 by Lima Charlie"

    P. 507, Fisher wrote, "The Supreme Court applied this doctrine in Reynolds v. United States, 98 US 145, 158 (1878), stating that "...if a witness is absent by [the accused's] own wrongful procurement, he cannot complain if competent evidence is admitted to supply the place of that which he has kept away."


    Not really how cases with "insufficient evidence" should be conducted; in itself, is criminal. Framing someone by fabricated false testimony as evidence is a crime and takes a conspiracy between two or more in agreement to do so.

    Your Questions?
    Anyone there, anyone in Law Enforcement protecting this network? Are they directly involved? Are there multiple Government agencies working together framing people in America? I suspect some, maybe; and maybe not others.


    Is Framing Someone for a Crime a Crime? - Quora. www.quora.com/Is-framing-someone-for-a-crime-a-crime "12 Answers Kelly Kinkade Kelly Kinkade, Law student from a long time ago, not a lawyer. Answered Apr 28 2015 · Author has 8.1k answers and 43.1m answer views Some possible charges: Perjury, if the framer actually offers false testimony in court, in a deposition, or in a sworn affidavit; Subornation of perjury, if the framer pays or otherwise induces others to offer false testimony in court, in a deposition, or in a sworn affidavit; Filing a false police report, if the framer makes false statements to the police; Obstruction of justice; Conspiracy; Official misconduct, if the framer is a police officer, prosecutor, or other public official having a duty to refrain from prosecuting the innocent and acts to further prosecution knowing that the defendant is innocent; Deprivation of civil rights under color of law (18 USC § 242), if the framer acted under color of law and the individual framed was targeted for framing on the basis of his or her membership in a class protected by that statute. In addition, the framer can be charged with being an accessory to the underlying criminal act, if there is an underlying criminal act and a purpose of the frame is to protect the actual criminal wrongdoer from prosecution. A prosecuting attorney who participates in a scheme to prosecute a person he or she knows to be innocent may also face disciplinary action, which can include disbarment."

    Television Lawyers opinions are 2 cents a dozen; a personal opinion on legal matters worth less; every second in court one say guilty and the other say not guilty of same something or another; Why we have separate Representatives and Witnesses and Jury and Judge! 

    Judge and Jury are not allowed to work with the Investigators and Prosecutor to build a case, and then make a decision on it; that would be undue process under the law. 

    Any sign of corruption in an investigation should be enough to throw out the case because of undue process under the law. 

    No American should have to participate cooperate with any agency involved in a history of corruption to prosecute individuals. That is undue process under the law. 

    Laws were not written to be administered in a corrupt manner by any Body of Government; especially serving in a Judgeship role. This is undue process under the law.

    "Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it." https://en.m.wikipedia.org/wiki/Due_process

    It seems these constitutional issues need the Supreme Court to address for America to stay a free nation of just laws; and prosecution under the law with due process.

    Your Question? 

    What is a solution to what may have involved into a racket in the VA of disability discrimination? 

    Probably a military strategy. It is my belief, Active Duty military would have to replace the two sections that may allow this corruption to continue; generally the records department and the Patient Advocates office. Where trouble exist, or maybe throughout the entire VA, They would have to be replaced from top to bottom, with active duty TDY rotations of 6 months not to allow them to become entrenched in local corruption, intimidation, or retaliation, from Senior Administrators at VA. In Las Vegas, a portion of Doctors and Nurses are foreign exchange students, maybe from Countries that are anti-American, and maybe some in a local community that are anti-American, anti-pledge, anti-American Flag, so it is likely that some may take an interest in sabotaging Veterans medical records; anti-Veteran. Each day they grimace a smile to say "thank you for your service" because they want the benefits, pay, and status of working at the 6th best place in the nation. They care about Benefits; not so much Veterans. I do not remember so much corruption when Veterans were allowed to attend a military Hospital in Las Vegas, Mike O'Callagahan Military Federal Medial Center. Today, Veterans have to be invited on premises just to get medical records.

    VA Doctors False Statements Damaging and Injurious to Veterans, Claimants; especially if there are Conspirators from other Agencies influencing such acts in framing someone, with legal knowledge and malicious intent of misusing the law, these false Doctor and Nurse statements can be exported into other conspiracies in other agencies:

                     Federal Rules of Evidence: Exception to the hearsay Rule; admissible Evidence 

                     (Rule 803) Exceptions Applicable Regardless of the Declarants Availability
                     (4) Statements for Medical Diagnosis or Treatment (Fisher).

    OR, IS THIS INSTITUTIONALIZE DISABILITY DISCRIMINATION THAT STARTS IN CONGRESS, WHO COULD STOP THIS, BUT HAS NOT; BUT HAS NOT THE BODY ITSELF BECOME A TOOL OF INSTITUTIONAL DISCRIMINATION AGAINST ONE SEGMENT OF AMERICA? OR ANOTHER? Moving down from one agency to another; to one community to another.


                                                                (1)

    Shaw, Adam. “Trump Challenges Dems after Kavanaugh Accuser Allegedly
    Admits to Making False Rape Claim.” 
    Fox News, FOX News Network,

     www.foxnews.com/politics/trump-challenges-dems-after-kavanaugh-accuser-allegedly-admits-to-making-false-rape-claim "The accusations were initially made via a “Jane Doe” letter to Sen. Kamala Harris’ {ex-prosecutor], D-Calif., office in September. Ms. Munro-Leighton submitted a fabricated allegation, which diverted Committee resources,” Grassley’s office said." That is kind of like attacking men as being white when you are married to a white man; but he is different because he married a black woman and not a white woman; oh, that would make him a white supremacist; we guess, according to some ideology?
                                                           
    P. 327 Fisher writes, "If sexual predisposition is a meaningful construct, then why not admit it against the victim in consent-defense rape cases? The answer is that once there is a rape prosecution, we have a piece of information whose significance overwhelms any relevance that the sexual propensity data would have --- the victim swears that, on the occasion in question, she did not consent. Consider what this means.. [W]e would not expect a person --- regardless of whether she is sexually active --- to claim falsely that a consensual sexual act in which she participate was actually a rape... To make a rape accusation falsely thus represents an act of significant treachery and dishonesty. The false rape accuser is accordingly a bad (and deviant) actor not for having had consensual sex in the first place, but for having later made a false accusation about it..." (Fisher).

    P. 334 "Allen gives a defendant the right to cross-examine the victim and to present evidence regarding prior false allegations of sexual molestation by the victim, in the event the court determines there are prior false allegations of sexual molestation by the victim." (Fisher).

    P. 334 "... La. C.E. art. 412 bars the introduction of evidence of the victim's behavior with person other than the accused ... is admissible to challenge the source of semen or injury, and evidence of past sexual behavior with the defendant is admissible to show the victim consented to the behavior. 1 ..." (Fisher).

    P. 356 "United States v. Knox: Afterthoughts. In Knox the accused airman wanted to offer evidence that he previously had heard of the victims reputation for promiscuity and of specific acts of her sexual behavior. This evidence, he said, would explain why he was reasonably mistaken about whether she consented to have sex with him on the night in question. Because he could not fit such evidence under either of the narrowly defined exceptions to Rule 412 --- Rule 412(b)(1)(A) pr Rule 412(b)(1)(B) --- he claimed instead that excluding this evidence would violate the Constitution, a possibility addressed by Rule 412(b)(1)(C). (The military Rules of Evidence are patterned after the Federal Rules.) Although the court's opinion did not elaborate on Knox's constitutional claim, presumably he relied on one of three constitutional principles: the Fifth Amendment's Due Process Clause and its implied guarantee of a fair trial; the sixth Amendment's Compulsory Process Clause and its implied guarantee of the right to mount a full defense; or (relatedly) the right to testify in one's own defense, discussed in Stephens v. Miller and derived fro various constitution provisions...In Chapter 8, Chambers V. Mississippi, 410 U.S. 284 (1973), the Supreme Court has suggested that criminal defendants may have aright under either the Fifth or Sixth Amendment to offer evidence that is "critical" to their defense even if it violated the evidence rules." (Fisher).


    P. 323, "No judge should ever let a sex-offense go to the jury unless the female complainant's social history and mental makeup have been examined and testified to by a qualified physician." (Fisher).

    Note: "This is about past sexual conduct. If strictly false accusation, can impeach but only if she testifies." (Fisher).


    P. 335 "In the event the court determines there are prior false allegations of sexual molestation by the victim, the defendant shall be allowed to cross-examine the victim and to present evidence regarding same at trial.... but rather impeachment evidence used to attack the victim's credibility." (Fisher).

                                                                (2)

    The VA Las Vegas Records Department, in 2018, sent my request of Documents to a disability review with not one full social security number on them. I know and am sure they know, and know you know, that without a Full Social Security Number, records are not reviewed and may be returned or discarded. Mine were returned after the review; not reviewed. Fortunately, I keep all my medical records on a USB Drive word document that is easily printable and always send in my own medical records and information. Always, keep at least 5 backups of anything on USB disk because the ends mess up and stop working at times.


    Mainly, I’ve witnessed Doctors and Nurses, administrators, inter-Governmental agencies, and maybe others conspiring in the acts behind the view of what I can see, manipulating, fabricating, planting, False Statements or lies, and initiating Deceptive Acts to manipulate Federal Rules Evidence Law with malicious intent to cause harm, damages, compensation loss, to me and maybe other Veterans:

    According to Fisher, George. “Evidence, 3D / Edition 3|Hardcover”

    Federal Rules of Evidence FRE Opposing Parties Statements:

    P: 408:, “Rule 801 (d) (2) (A) states that a party’s own words are “not hearsay” when offered against her at trial.” … “There is no requirement that the opponent admitted anything, only that she said something.”

P. 409, FRE 801 (d) (2) (A) “A party’s own statement---is admissible against her because she said it or authorized it or associated herself with its maker. She cannot demand the statement’s exclusion by complaining of its untrustworthiness.”

P 420, FRE 801 (D) (2) (E) & 104 (a) “Those disputes all concerned the coconspirator exception to the hearsay rule---and specifically how to decide if the preconditions of that exception have been met. There are three such preconditions:

That a conspiracy existed at the time the out-of-court statement was made;

That the conspiracy included both the declarant and the party against whom the statement is offered; and

That the declarant spoke during the course and in furtherance of the conspiracy”

P 424. “Corroborated by other evidence.”

P. 425, FRE 801 (d) (2) (E) “Each one of Lonardo’s statements may itself be unreliable, but taken as a whole, the entire conversation between Lonar – do and Greathouse was corroborated by independent evidence.” (Fisher).

I believe the Preponderance of Evidence, Admissible Evidence, threshold was met in my case by Number of Deceptive acts by Doctors and Nurses the threshold of, P. 427, rules 104 (a) Preponderance of Evidence standard of Rules and 104 (b) Sufficient-Evidence Standard of Rules. By time, experience, and education, I am qualified in my field to make such allegation.

Secondly, the Doctors and Nurses fabricate evidence through a lie to create inconsistent statements in the record manipulate court law like Rule 607 of the Federal Rules of Evidence, and Rule 613 governing Impeachment of Witness, Rule 104 (a) (b), Rule 401, 402, 403, 404 (B) to show Veterans has made false statement through Doctor and Nurses creating lies. On page 491, Fisher states, “One of the most effective ways to lie is to mix falsehood with truth, especially truth that seems particularly persuasive because of its self-inculpatory, meaning exposing themselves to prosecution, nature. They planted evidence as testimony or to testify under oath, by themselves, or another, in a tribunal, hearing, board, committee, or court. Thus, P. 295, Rule 609 (a) (2): Crimes involving deceit are especially probative of one’s propensity to lie and are therefore made “automatically” admissible. (RB 145) (Fisher).

But according to Fisher, George. “Evidence, 3D / Edition 3|Hardcover.” Barnes & Noble, www.barnesandnoble.com/w/evidence-3d-george-fisher/1117356620 P. 457, “Impeachment by charging that the testimony is a recent fabrication or results from an improper influence or motive is, as a general matter, capable of direct and forceful refutation through introduction of out-of-court consistent statements that predate (3d) the alleged fabrication, influence or motive. A consistent statement that predates the motive is square rebuttal of the charge that the testimony was contrived as a consequence of that motive.” Huddleston v. United States, 485 U.S. 681, 688 (1988) (Fisher).

And According to Fisher, George. “Evidence, 3D / Edition 3|Hardcover.” Barnes & Noble, www.barnesandnoble.com/w/evidence-3d-george-fisher/1117356620 P. 441, “in determining whether a Government witness testimony offered as impeachment is admissible, or on the contrary is a “mere subterfuge” to get before the jury substantive evidence which is otherwise inadmissible as hearsay, a trial court must apply Federal Rule of Evidence 403 and weigh the testimony’s impeachment value against its tendency to prejudice the defendant unfairly or to confuse the Jury.” (Fisher).

Furthermore, it states on P. 443, “Because Steven’s so-called “impeachment” testimony was both highly prejudicial and devoid of probative value as impeachment evidence, the trial judge should have recognized the Government’s tactic for what it was – an attempt to circumvent the hearsay rule and to infect the jury with otherwise inadmissible evidence…” (Fisher).

In Halloran v. Virginia Chemicals Inc., Court of Appeals of New York, 41 N.Y.2d 386 (1977), according to Fisher, “At least, as in this kind of case, where the issue involves proof of a deliberate and repetitive practice, a party should be able, by introducing evidence of such habit or regular usage, to allow the inference of its persistence, and hence negligence of a particular occasion.” Asistores, Doctors, Nurses are impeached by direct evidence, past Doctor Testimony, Great Radiologist, and circumstantial evidence. (Fisher).

One may consider me an expert Witness on this matter; maybe not. Fisher states on P. 751, Rule 702 of the Federal Rules of Evidence provides that expertise may be obtained by experience as well as from formal training or education…” (Fisher).

P. 417, FRE 801 (d) (2) (C) “… communication to an outsider has not generally been thought to be an essential characteristic of an admission. Thus a party’s [non-fictional] books or [medical] records are usable against him, without regard to any intent to disclose to third persons. [RB 207.]” (Fisher).

A main part of The Conspiracy and the “Agreement” against me is to manipulate Rule 613 by using false statements, planting and fabricating, into the medical records, as it is stated, P. 430, “Rule 613 governs the impeachment of witnesses with their past inconsistent statements. When used to impeach, past inconsistent statements are offered not for the truth of what they assert, but merely to show that the witness says different things at different times and therefore should not be believed on this question.” (Fisher).

Admissible; not hearsay:

P. 404 and 405

“Circumstantial evidence of knowledge”

“Doing more than telling him; giving it to him > verbal act”

“Not hearsay; Notice”

“Consciousness of guilt; a lie is not within scope of hearsay”

“Offered to show timing”

“Not hearsay; if used to show effect on listener” (Fisher).

Your Question? 

Is there also racial discrimination at Las Vegas VA? What racial discrimination did you experience over the last decade at the Las Vegas VA? Was racial discrimination involved in the Stanley Gibson Case? Is there Institutional racism at the Las Vegas VA?

There are a lot of signs posted all over the place in the VA stating that racial discrimination is prohibited act, but these are on employment posters, mostly, from what I have seen. I do not recall saying that discrimination against the customer, the Veteran, the Disabled Veteran, the Black Veteran, or the White Veteran is also prohibited act. In my medical records there have been a mixture of racial slurs about me, stereotyped as "uneducated black male" and the Hispanic nurse that tried to disprove Sinusitis went further derogatory in my medical records insinuating by her writing that I spoke Black-Ebonics or Ghetto-slang speaker attempting to cause bias; which I am neither. I speak pretty good English, maybe a little Country but not Black-Ebonics or Ghetto-slang. Then she continue fabricating false statements, the frame-up, saying that my "Motive Behavior: Combative" or violent. She is basically describing me as a "black uneducated ghetto thug" to initiate bias and maybe a violent reaction to me by more people who would now react because of "Classicism" or Class Discrimination.  I think Doctor Sarazan and Doctor Asistores are of Asian decent and with the Pharmacist were two Asian people that wrote false statements in my medical records, and maybe 8 -10 Nurses or Doctors who wrote false statements in my medical records were Hispanic, and maybe 3-5 Nurses or Doctors were white, or could have been also Hispanic without Hispanic generic names and very fair skinned, and 1 Nurse was Black; but the same number of mixed-race, maybe in a different per potion, people did not write false statements in my medical records between 2017 - 2019. So, I believe there is Institutionalized Disability Discrimination by a mixed raced Network at Las Vegas VA and maybe abroad. But from my Independent Studies in this area, in additional to a network involved in Institutional Disability Discrimination against Veterans, there is also a certain number of Nurses and Doctors willing to, or have Discriminated Racially and with the large amount that I would consider there is also Institutional Racial Discrimination by a certain number equally willing to participate against a black Veteran, or for that matter, a white Veteran as well.  This Classic Institutional Racial Discrimination basically attacks the education and make up other false statements of the Veteran, in this case me, to incite violent acts, maybe a Trespass, and to stop the Veteran from writing their, my, own Nexus statements for Service Connection. They specify that the person writing the Nexus must be competent and qualified to write such a connection between military and present injuries or diseases. The racial attacks and the class, uneducated black male, attacks had dual purposes in my case. P. 309, Fisher wrote, "(1) Inadmissible. Evidence of Johnson's bias is not an attack on her character for truthfulness. (ACN to FRE 608(a), RB 127-128.) Rule 608(a) therefore forbids evidence in support of Johnson's character for truthfulness."

These Pictures of me from a little boy, through teenage, through the military represent my character. Not the "black uneducated ghetto thug" described in my medical records from a Nurse that had know me about 10 minutes and the first time ever meeting me, when this description was entered. In my opinion, hers was a prejudiced premeditated decisions to cause great harm by fabricating a false characterization in my medical records. Fisher wrote on P. 309, "Refer again to impeachment evidence... The truthfulness of a witness's testimony in this proceeding may be corroborated by non-character evidence without regard to the constraints imposed by Rule 608."
  1. Admissible: Testimonial Evidence: Specific Research Writing Twelve: Rod’s Childhood Growing Up through University studies

  1. Additional Admissible Documentary Evidence: Specific Research Writing Fourteen: Rod’s Achievements



    But, yes, I said the same Institutional Racial Discrimination, in the Las Vegas VA, could target some White Veterans as well; especially those filling complaints or requesting increases in compensation or a rating. These things are generally regionally population discrimination issues. For example, some regions think, all military and Veterans are White; so they treat all of them, maybe a Black Vet, with equally discrimination, but not because he is Black, but because he is associated with White. Now, these probably would not be Vets, or they could be, but mostly because of local attitude against Veterans. So, the White Veteran would look around and say, everyone Hispanic or Black running things, so he would make the allegation that he, maybe a Trump supporter, is being discriminated against because he is a White Veteran. If you visit LasVegasVA Patient Advocate Website, www.lasvegas.va.gov/patients/customerservice.asp that a lot of White Veterans and Black Veterans complain about their performance, I think they have all Black and Latino, but they only put three pictures up representing such, and three pictures missing appearing to have the figure of three white at the Patient Advocates Office. So, there may be concern of the allegation of Discriminating according to Class, Race, and Disability by White Veterans. But, it boils down to many, Institutional Discrimination, of many networks working to discriminate against the customer, The Veteran. 

    So, no the Patient Advocate have not helped in my case to resolve Disability Discrimination even though I am Black, Dad is dark skinned black and mom is light skinned black American Indian. This is why I allege they are part of the cover-up and from my interviews, they are keeping the Disability Discrimination corruption in-house.

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


    “Who Killed Stanley Gibson. The Military? The VA? The Las Vegas Police?” Daily Kos, www.dailykos.com/story/2011/12/23/1048214/-Who-Killed-Stanley-Gibson-The-military-The-VA-The-Las-Vegas-police

                   Stanley Gibson was black with a white wife shot in the back seven times by a Hispanic Police Officer:

    Ryan, Ms. Meghan. “Dying Declaration.” Legal Information Institute, Legal Information Institute, 23 Oct. 2018, www.law.cornell.edu/wex/dying_declaration

    "Definition A dying declaration is a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant's death), who made the statement under a belief of certain or impending death. The statement must also relate to what the declarant believed to be the cause or circumstances of the declarant's impending death. Overview an out-of-court statement is referred to as hearsay. A dying declaration is a type of hearsay. However, unlike regular hearsay, a dying declaration is admissible in court. As such, a dying declaration is as an exception to the hearsay rule. Other general rules of admissibility also apply, such as the requirement that the declaration must be based on the declarant's actual knowledge. The dying declaration may be used in civil law cases and criminal law cases. Federal Rules of Evidence The exception is listed in Section 804(b)(2) of the Federal Rules of Evidence"

    ---------------------------------------------------------------------------------------------------------------------------------------------s

    Spencer, Kristin, and Andrew Fulkerson. “Patients' Dying Declarations May Be Legal Evidence.” Journal of Emergency Medical Services, 1 May 2016,www.jems.com/articles/print/volume-41/issue-5/features/patients-dying-declarations-may-be-legal-evidence.html

    "In the legal vernacular, this statement made in extremis is called a "dying declaration." Specifically, a dying declaration is made by a conscious individual who believes death is imminent and communicates information regarding the cause or circumstances surrounding their death. This information can be admitted as evidence in some cases and serve as a cornerstone for a successful, or unsuccessful, prosecution and subsequent conviction of the alleged perpetrator. HISTORY Dying declarations have historically been considered an exception to the hearsay rule, which prohibits the introduction of testimony by unavailable witnesses. Medieval English courts birthed the principle Nemo moriturus praesumitur mentiri, "a dying person is not presumed to lie," which has long been clutched at the chest of victim activists for two reasons: 1) It may be the only evidence available for the deceased who was the only eyewitness to the occurrence; and 2) A dying person has lost all motive of bearing falsehood."

    ---------------------------------------------------------------------------------------------------------------------------------------------

    “Rule 804. Hearsay Exceptions; Declarant Unavailable.” Legal Information Institute, Legal Information Institute, www.law.cornell.edu/rules/fre/rule_804

    "Professor Falknor concluded that, if a dying declaration untested by cross-examination is constitutionally admissible, former testimony tested by the cross-examination of one similarly situated does not offend against confrontation. Falknor, supra, at 659–660. The constitutional acceptability of dying declarations has often been conceded. Mattox v. United States, 156 U.S. 237, 243, 15 S.Ct. 337, 39 L.Ed. 409 (1895); Kirby v. United States, 174 U.S. 47, 61, 19 S.Ct. 574, 43 L.Ed. 890 (1899); Pointer v. Texas, 380 U.S. 400, 407, 85 S.Ct. 1065, 13 L.Ed.2d 923 (1965)."

    ------------------------------------------------------------------------------------



    P. 341, Fisher writes, " Both Olden and its principal precedent, Davis v. Alaska, 415 U.S. 308 (1974), protect a defendant's Sixth Amendment right to cross-examine an accuser "to show a prototypical form of bias on the part of the Witness." "... bias-based impeachment suggests that the witness has a motive to lie in this case, not that he has a bad character for truthfulness (See pages 258, 308). (Fisher).

    One Hispanic View On Veterans:

        Lake, Eli. “Napolitano Stands by Controversial Report.” The Washington Times, The Washington Times, 16 Apr. 2009,www.washingtontimes.com/news/2009/apr/16/napolitano-stands-rightwing-extremism/

          [Under Obama] "Homeland Security Secretary Janet Napolitano said Wednesday that she was briefed before the release of a controversial intelligence assessment and that she stands by the report, which lists returning veterans among terrorist risks to the U.S. In her statement Wednesday, Ms. Napolitano defended the report, which says “right-wing extremism” may include groups opposed to abortion and immigration, as merely one among several threat assessments."

    P. 389 Fisher wrote, " The same problem arises with respect to evidence of "non-action" or "silence" when relevant as justifying inferences from the non-action of the individuals to his apparent belief and thence to the truth of that belief." (Fisher). 


    I was emailed by the following Senators; but I have not yet responded. 

    20April, 2019 Senator Jacky Rosen
    April, 2019 Senator Catherine Cortez Masto



                                                                                     

    Your Question?

    Have you ever spent time in Jail or been

     arrested? For What? How many days were you locked

     up? How did you plead?

    Yes. I have spent one night in Jail in my entire life. I Judge well today because I was judged well by others. I have not been to jail in over twenty years. It is my belief these stints were Service Connected problems, may have developed or aggravated during Service, noted within six months after my Active and Inactive Duty completion in Summer, 1993 by a Doctor at the VA. Thanks. Rod.

    (1)         No Contest. 1 Night in Jail. Today, 2019, on Issue? Extenuating circumstances. No criminal intent. Link. Overworked, ex-wife 8 months pregnant, I thought I was in private place, but got accidentally seen by grandma like figure, no, not my grandma. I felt bad and turned myself in. No contest. No double jeopardy; law.

    (2)         Not Guilty. Found Not Guilty. 0 Nights in Jail. Today, 2019, on Issue? Found Not Guilty extenuating circumstances. No criminal intent. Link. Quicky-sex early one morning turned into an extortion blackmail plot. No double jeopardy; law.

    (3)         Not Guilty. Found 50 % guilty, maybe. 0 Nights in jail. Today, 2019, on Issue? Not Guilty extenuating circumstances. No criminal intent. Link. $18,000 purchase of Christmas Trees, bad weather, late payment payoff $2300 check. Bad Check. Voluntarily Visited jail after being contacted by a detective for Finger Printing, statement, told my side of the story, and reported back to court. But, not the handcuff stuff and no time spent in jail. No double jeopardy; law.




    Disability Compensation

    "VA disability compensation payments are reduced if a Veteran is convicted of a felony and imprisoned for more than 60 days. Veterans rated 20 percent or more are limited to the 10 percent disability rate. For a Veteran whose disability rating is 10 percent, the payment is reduced by one-half. Once a Veteran is released from prison, compensation payments may be reinstated based upon the severity of the service connected disability (ies) at that time. Payments are not reduced for recipients participating in work release programs, residing in halfway houses (also known as "residential re-entry centers"), or under community control. The amount of any increased compensation awarded to an incarcerated Veteran that results from other than a statutory rate increase may be subject to reduction due to incarceration."

    Pension

    "Veterans in receipt of VA pension will have payments terminated effective the 61st day after imprisonment in a Federal, State, or local penal institution for conviction of a felony or misdemeanor. Payments may be resumed upon release from prison if the Veteran meets VA eligibility requirements. Failure to notify VA of a Veteran's incarceration could result in the loss of all financial benefits until the overpayment is recovered." Retrieved from: https://www.va.gov/vetapp17/Files1/1705797.txt

    "Additionally, for veterans who have served 90 days or more on or after December 31, 1946, certain chronic diseases, such as psychosis, are presumed to have been incurred in service if such manifested to a compensable degree within one year of separation from service.  38 U.S.C.A. §§ 1101, 1112; 38 C.F.R. §§ 3.307(a), 3.309(a)." Retrieved from: https://www.va.gov/vetapp00/files1/0008111.txt

    "With chronic diseases shown as such in service, or within the presumptive period after service, so as to permit a finding of service connection, subsequent manifestation of the same chronic disease at any later date, however remote, are service connected unless clearly attributable to intercurrent causes.  38 C.F.R. § 3.303(b)." Retrieved from: https://casetext.com/case/johnson-v-mcdonald-3

    "The second and third Caluza elements may also be satisfied under 38 C.F.R. § 3.303(b), by the submission of (a) evidence that a condition was "noted" during service or during an applicable presumption period; (b) evidence showing post-service continuity of symptomatology; and (c) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.  Savage v. Gober, 10 Vet. App. 488, 495-97 (1998) (overruled on other grounds)." Retrieved from: https://www.va.gov/vetapp17/Files2/1710683.txt



    “What Is CRIMINAL INTENT? Definition of CRIMINAL INTENT (Black's Law Dictionary).” The Law Dictionary, 1 July 2019, thelawdictionary.org/criminal-intent/."What is CRIMINAL INTENT? The intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property. People v. Moore. 3 N. Y. Cr. R. 458. (Source: Black’s Law Dictionary) Criminal Intent: Overview Criminal intent is a necessary component of a “conventional” crime and involves a conscious decision on the part of one party to injure or deprive another. It is one of three categories of “mens rea,” the basis for the establishment of guilt in a criminal case. There are multiple shades of criminal intent that may be applied in situations ranging from outright premeditation to spontaneous action."

    In Closing, I examine a few more excerpts from the book "Evidence" that George Fisher wrote about. Believe it or not, I have had many Great Uncles, Grand-folks named George. In my Closing Writings, I discuss a few more excerpts by George Fisher: 

    P. 571 “As the Federal Rules of Evidence now stand, police and law enforcement reports are not admissible against defendants in criminal cases. This is made quite clear by the provisions of rule [803(8) (A) (ii)] and [(A) (iii)].” (Fisher).

    P. 590 “Ohio v. Roberts, 448 U.S. 56 (1980) (1) The rule of “necessity”: Whether or not the out-of-court statement was subject to cross-examination, the “prosecution” must either produce, or demonstrate the unavailability of, the declarant whose statement it wishes to use against the defendant.” (Fisher).

    To assure reliability, I have included 5000+ pages of medical documents, some annotated, and other documentary supporting evidence, P. 590 “(2) The rule of “reliability”: If the declarant is unavailable, the hearsay statement “is admissible only if it bears adequate “indicia of reliability.’ Reliability can be inferred without more in a case where the evidence falls within a firmly rooted hearsay exception [or where the defendant had an earlier, adequate change to cross-examine the declarant defendant about the statement]. In other cases, the evidence must be excluded, at least absent a showing of particularized guarantees of trustworthiness.” (Fisher).

    P. 597 “The Sixth Amendment’s Confrontation Clause provides that, “in all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him.” … Petitioner argues that [the Roberts] test strays from the original meaning of the Confrontation Clause and urges us to reconsider it.” (Fisher).

    P. 602 “Our later cases conform to Mattox’s holding that prior trial or preliminary hearing testimony is admissible only if the defendant had an adequate opportunity to cross-examine.” (Fisher).

    P. 976, "As the privilege is the client's, she waives it protection if she voluntarily disclosed or consents to disclosure of any significant part of the communication to a person outside a privileged relationship (See Proposed rules 503(a)(3), (a)(4): 504(a)(3); 506(a)(2): 511, RB 343-44.) (Fisher).

    P. 125 "Rule 409 will bar evidence of the driver's "humane impulse []" to pay the other's medical bills --- but his unguarded impulse to apologize and admit fault will come in against him." (Fisher).

    When sending money Western Union there are some distinguishing feature between Business Money, maybe money laundering, Personal Loans to be paid back to a family member or friend, and Gifts, Fisher talks about a money laundering case on P. 558, "Instead, the government argues that the "To Send Money" forms and the computerized information reflecting those forms and the correlated material were admissible under the business records exception. FED R. EVID. 803 (6). [Unrestyled] Rule 803 (6) provides that business records are admissible where shown to be business records by qualified witness,"unless the source of information or the method and circumstances of preparation indicate lack of trustworthiness...The difficulty is that despite its language, the business records exception does not embrace statements contained within a business record that were made by one who is not a part of the business if the embraced statements are offered for their truth. he cites a separate subject matter case, where informant was not part of the business in Johnson v. Lutz, 253 N.Y. 124 (1930)" P. 557, he writes,"The original forms are usually discarded after six months, but the information provided by the sender, as well as the information from all records associated with the money transfer, are recorded in a computer database." P. 560, "Patrick Vigneaus's ... conviction for 21 counts of money laundering are vacated without prejudice to new trial..." (Fisher).


    P. 743 “In deciding whether suppression of evidence is an appropriate remedy, a district court should consider: (1) the reasons for the government’s delay in producing the materials, including whether it acted intentionally or in bad faith; (2) the degree of prejudice, if any, to the defendant, and (3) whether the prejudice to the defendant can be cured with a less severe course of action, such as granting a continuance or a recess.” (Fisher).

    P. 1077 “Several evidence doctrines betray similar mistrust of jurors’ discernment and good sense: Rule 404: The bar against character evidence flags concern that jurors will either punish defendant for the wrong crime or assign too much weight to past acts when judging the defendant’s guilt. Surely no judge would hire a law clerk or babysitter without checking character references. Yet judges worry that such references will lead a jury astray.” (Fisher).

    P. 1079 “Beyond letting even likely liars testify, the system has resolved in other ways to trust jurors’ power to sniff out lies. You know from State v. Batangan, 71 Haw. 552 (1990).” (Fisher).

    P. 239 Fisher wrote, "The question permitted by the rial court, however, involves several features that may be worthy of comment. Its form invited hearsay; it asked about an arrest, not a conviction, and for an offense not closely similar to the one on trial; and for an offense not closely similar to the one on trial; and it concerned an occurrence many years past." "Only a conviction, therefore, may be inquired about to undermine the trustworthiness of a witness." (Fisher).

    P. 296 "(5) Possible admissible. Because of the age of the conviction, it is presumptively inadmissible under Rule 609 (b): It is not admissible unless "its probative value, supported by  specific facts and circumstances, substantially outweighs its prejudicial effect" (and unless the notice provision of Rule 609(b)(2) have been met)." (Fisher).


    P. 1012 Fisher wrote about a case that tape-recordings had been given to the IRS that may have violated privilege between parties. Not what was said, but what I deducted from this writing based on a crime-fraud exception to allow tapes in to evidence, legal, but if they only show past fraud they could not be admitted, but if I had recorded that last VA visit, which I did not attend, the act of future crime-fraud still would have existed as does its future crime-fraud still exist as the evidence in this writing shows. And, even though they had fresh signs placed on the door that said, no tapes, no recordings, no pictures, exerting some type of privilege relationship, I believe it would have been legal for me to tape a future-crime in the act; with more future crimes inevitable from the existing evidence. Rodney Jackson.

    P. 337 "[W}hen considering the admissibility of such evidence, the question for the trial court is not whether it believed the prior allegations were false, but whether reasonable jurors could find, based on the evidence presented by defendant, that the victim had made prior false accusations. See Hudleston v. United States, 485 U.S. 681 (1988) (in ruling on the admissibility of other crimes evidence, the district court "neither weighs credibility nor makes a finding that the Government has proved the conditional fact by a preponderance, [but] simply examines all the evidence in the case and decides whether the jury could reasonably find the conditional fact .... by a preponderance of the evidence")." (Fisher)

    P. 825, "Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence...Eight Justices agreed that chambers and later rulings under Compulsory Process Clause do not guaranteed a right to present such evidence."" (Fisher)

    P. 826, "Id. at 312-14, In a concurring opinion joined by Justices O'Connor, Ginsburg, and Breyer, Justice Kennedy endorsed the Court's concerns about the reliability of polygraph tests... ... rule of exclusion is not so arbitrary or disproportionate that it is unconstitutional." (Fisher).

    P. 1072 - 1073 "MANSMANN, J., concurring and dissenting, I write... I am convinced that this is an appropriate case in which to recognize and set parameters for a limited privilege. Doing so is critical to several important public interests such as the "protection of strong and trusting parent-child relationships and the preservation of the sanctity of the family... " The recognition of a parent-child privilege is essential to "the healthy psychological development of children and to the development of society as a whole"; compelling a parent to testify adversely to a child is "'repugnant to social sensibilities'..." Wendy Meredith Watts, The Parent-Child Privilege: Hardly a New or Revolutionary Concept, 28 WM & Mary L. Rev. 583, 611-13 (1987)." (Fisher).


    P. 1079 “See Kenneth A. Krasity, The Role of the Judge in Jury from 1795 to 1913, 62 U. Det. Mercy L. Rev. 595, 595 (1985). The most forbidden realm is judicial instruction on a witness’s credit-ability. Some 75 years ago, one federal judge dared advise a jury how it could tell that the defendant had lied: ‘And now I am going to tell you what I think of the defendant’s testimony. You may have noticed … that he wiped his hands during his testimony. It is rather a curious thing, but that is almost always an indication of lying. Why it should be so we don’t know, but that is the fact. I think that every single word that man said, except when he agreed with the Government’s testimony, was a lie." (Fisher).

    After Reading all my writings, you understand "habit" and "framing" more than most; other than the ones that are doing it. With this reading, you can see how Catherine Fitts was framed with attempt after attempt; you can understand how OJ Simpson could have been framed with the use of an informant in the Las Vegas heist; you can understand how Michael Jackson could have been framed by people studding his "habits." With lies, and manipulating circumstances to fit the laws; like maybe in all these cases, the FRAMERS know the laws, these and other people may have never known they were being framed if they were framed. The "me-lie" movement that we have uncovered in America and you can understand how Stanley Gibson and Mr. Epstein could have been framed by someone studding their "Habits." The "me-lie" movement. You can understand now, how they will frame you. As you now see, they exist.

    But, Rod is not a lawyer. But, everyone is not qualified to be a Judge.

    As a Judge:

    Code of Conduct for United States Judges

    (Effective March 12, 2019)

    Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently

    (C) Disqualification.

    (1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances in which:

    (a) The judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

    (b) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge or lawyer has been a material witness;

    (c) the judge knows that the judge, individually or as a fiduciary, or the judge’s spouse or minor child residing in the judge’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be affected substantially by the outcome of the proceeding;

    Retrieved from: https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges



                                           
    POLICY OF TRUTH

    It should be unconstitutional for anyone to be compelled to testify, under chance of perjury, to anybody acting as Judge, Jury, Prosecutor or Trier of Facts, and conjoining with witnesses to prosecute or with a history of allowing uncontested allegation, maybe false and not deposed nor cross-examined testimony, to enter the witness stand, or public viewing which is generally not under oath; Nor perjuriously, but prejudicial to person(s) summoned to testify and may be acting not in "Good Faith" as a judicial body. But, Rod is not a lawyer. 

    Some of These are my Beliefs, Writings at Issue, Issue Stated, Legal Argument, Supporting Documents, Block quotes, Writings, Best Copy; Any errors, misstatements, typos, omissions are without malicious intent and I will correct if contacted; if I agree they are mistakes. Rod Jackson.
    Fisher wrote, P. 309 "If the contradicted testimony can be explained as a mistake of perception, memory, or narration and might not be a lie at all, the contradiction would not qualify as an attack on character for truthfulness." (Fisher).


    \

    \

    “Belief, Legal Definition of A sense of conviction about the truth of an idea that lies somewhere between “suspicion” and “knowledge.” Belief has been described as being entirely a subjective condition or state of mind as a result of evidence or information received from others. It has been defined as an actual conclusion drawn from information, a conclusion arrived at from external sources after weighing various probabilities, a conviction of the truth of a given proposition, or an alleged fact based on grounds insufficient to constitute positive knowledge. The meaning “belief” and its distinction from “fact” and “knowledge” are very important in the administration of justice.” (Page 120, Reader’s Digest Family Legal Guide).

    A Practical Guide to Appellate Advocacy, Third Edition, 
    Mary Beth Beazely, Wolters Kluwer Law & Business, 2010 P. 296 A.1.2. When Not to Site, wrote, block quote: (1) it is appropriate to omit some or all citations to authority within the summary of the argument, within point headings, and within a question presented, even though these items might include legal propositions. Consult Chapter Nine (and local practice) for more guidance on these matters. (2) When you are comparing the facts of your case to the facts of an authority case that you have already introduced and explained within the same general discussion, you usually don't need to cite to the authority again citations are also omitted when you refer to a common law rule that you've already cited, e.g., "Thus, the rule in McGuffin should apply in the case."

         Whether it is tomorrow, or next year or a decade or more, when they lay me to rest, you will ask who is responsible for Rodney Jackson Death? This writing, my "Dying Declarations" will speak to the Judge. With already proven lies to cause confusion by an adverse opposing party, opinions does not matter under such circumstances as they may in normal cases with such distinguishing proof of Character under Federal Rules of Evidence may require, but it is my belief that in Proof of Reputation, Judgment, and My Beliefs of positive acts in handling adversity and documented achievements that is the basis of my Character.

    Respectfully, written by Rod Jackson concluded on June 6- September 2, 2019 D-Day 75th Anniversary.  Rodney Jackson